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HomeMy WebLinkAboutMinutes City Council - 07/19/1988PRESENT Mayor Betty Turner Mayor Pro Tem Linda Strong Council Members: David Berlanga Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing Mary Pat Slavik MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 19, 1988 9:00 a.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 Schwing following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Strong. 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. Mayor Turner called for approval of the Minutes of the Workshop and Regular Council Meetings of July 12, 1988, and there being no additions or corrections, she proclaimed them approved as written. Mayor Turner called for the discussion on the final wrap-up of the 1988-89 Budget. City Manager Garza explained to the Council the impact of the proposed .O1C tax increase for public safety, emphasizing that the 58( brings the City up to the eight percent effective tax limit, beyond which if ventured, there will be a rollback election. Mr. Garza explained the procedure for the rollback election, noting that the ads for publication which are required as a result of going over the specified amount would be very large and bordered in black. Mr. Garza also advised the Council that the rollback election must be held if a petition is received. In answer to a question from Council Member Moss, Mr. Garza noted that the City deleted about $5} million from the General Fund Budget forcing staff to find other sources of funding for the General Fund. He noted that the City MICROFILMED r inutes Regular Council Meeting July 19, 1988 Page 2 sought additional sources of revenue from funding via the Water Fund, and for a four-year period to take the interest earnings which the City receives from the Construction Fund and to program those in descending order of magnitude. Basically, he stated the City has freed up tax dollars in the General Fund and has actually reduced the amount of tax that is being used to support debt service. Council Member Slavik expressed concern about the rollback election, and in answer to a question posed by Mrs. Slavik, City Manager Garza noted that under the proposal which was presented to the Council, the City will not go over the eight percent increase, noting that the only way would be if the Council took an affirmative vote to increase the tax by one penny. Mr. Garza offered a brief explanation of the sources of funding and potential sources of funding, elaborating on the needs which were identified at the Public Hearing and by the Council Members. Mr. Garza also identified the ongoing sources of revenue, noting that some are definite and some are potential, indicating that it is up to the Council to decide what is most important. After some discussion, Council Member Schwing read from a prepared statement, proposing that there could be a compromise, noting that the Council encourages the Convention Bureau to help support itself, suggesting the appointment of a Task Force to search for funding and organizational alternatives. Mr. Schwing noted that his priorities remain with the public health and safety of the community, noting that the majority do not want a tax increase. Mr. Schwing made a motion to adopt the FY 88-89 City Budget with the following provisions: 1. that the proposed 1 cent tax levy for public safety not be imposed; 2. that the crossing guard locations, as identified by the school districts and the Police Department, be included with public safety funding; 3. that the amount of increase proposed for public safety be incorporated into the budget by utilizing the trust account funds, the revised sales tax estimates or the franchise fees; 4. that the Convention and Visitors Bureau funding be contingent upon a revised agreement allowing the City Council authority for board ratification or appointment, and the Bureau to have its own membership. Mr. Schwing continued by stating that if the Council chooses to direct the City Manager to search for more funds, specifically for tourism marketing, and if the Convention and Visitors Bureau help to raise their own funds, he will be supportive. The motion was seconded by Council Member Guerrero. City Manager Garza referred to the sales tax and negotiations which are ongoing with the Port in regard to the utility relocation costs, noting that he has hopes that he could come back to the Council and recommend additional funding for the Convention and Visitors Bureau, the Library and the Arts. He noted that some time in August, the City will receive the Sales Tax Report from the State Comptroller's office and will have a firm figure on which to base their sales tax projection. Council Member Rhodes stated that she would like to add to Council Member Schwing's motion proposing funds be earmarked up to $1.5 million for the r inutes Regular Council Meeting July 19, 1988 Page 3 Convention and Visitors Bureau and $50,000 for the Municipal Arts Commission, contingent upon availability of funds from an increased telephone franchise fee and/or other budget savings found by the City Manager. The amendment was seconded by Council Member Guerrero. Discussion followed, and City Manager Garza implied that the phone fee is dependent upon the Council's affirmative action to increase it, noting that it will be about $400,000 to a half a million dollars, pointing out that the City also has to work with Southwestern Bell to increase the franchise fee. Council Member Slavik expressed concern about the source of funds coming from the telephone tax, noting that it is a two—percent increase, advising that she will vote against the two percent telephone fee. City Manager Garza pointed out to the Council that they have reduced the General Fund Budget by $5} million, noting that the City has done a lot in reducing costs to the public. Mr. Garza presented a chart to the Council pertaining to the City of Corpus Christi General Fund impact of inflation on the budget. Council Member Rhodes directed attention that to vote for the amendment, the Council will commit themselves to the franchise tax increase. Mayor Turner expressed the opinion that this is a responsible compromise, noting that it gives the Convention Bureau the opportunity to receive full funding and an incentive to increase the hotel/motel tax. The vote on the amendment to the motion passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Schwing voting, "Aye"; Slavik voting, "No." Discussion followed by the Council Members on the motion proposed by Council Member Schwing, and Council Member Rhodes pointed out that the original motion is amended, and the Council voting affirmatively on this motion is committing to increase the telephone tax. Council Member Moss referred to the City Manager's department and questioned City Manager Garza if he would be able to reduce his department by ten percent as the City Manager had asked other departments to do and add two or more librarian positions in the library, and City Manager Garza replied he will look at ways to streamline, pointing out that an Economic Affairs section has been added. He remarked that he understands the needs in the library and will do what he can to address that priority. Council Member Slavik asked the City Attorney for clarification that if she votes on this motion, if she can still vote against the franchise tax, and City Attorney George replied that the Council is free to vote their conscience. f inutes • Regular Council Meeting July 19, 1988 Page 4 Mr. Raymond Hasker, 1813 Wallace, spoke in opposition to the vote on the amendment, implying that the Council is spending money that has not been approved yet. Mr. Philip Rosenstein, 949 Bobalo, stated that the amendment conflicts with the motion, referring to it as double-talk, suggesting that the Council should take care of the police cars before they increase the Convention Bureau Budget. Mr. Irving Dietz, 455 Miramar, referred to last week's public hearing on the budget and the alleged two-year commitment made to the Convention Bureau. He stated that there is nothing in writing that indicated where that money would come from and nothing concerning the two-year commitment to the Convention Bureau. Mr. Dietz read from a prepared statement, noting that there was a commitment made when the Convention Center was built that the proceeds of the Center would go into the debt service fund for the Center. In answer to a question from Mr. Dietz regarding this, City Manager Garza noted that this budget reconfirms a previous Council's commitment to pay the debt service for the Convention Center out of the hotel/motel tax. Ms. Betty Wittner, 1530 Wittner, described a new source of revenue for the City, suggesting an amendment to the Ordinance which disallows people working out of their homes. Mr. Benny Benavides expressed concern about the lack of patrol cars in the Police Department, stressing the number of burglaries in Corpus Christi. Mr. Butch Escobedo, 4609 Haverhill, a representative for LULAC, reaffirmed their position that the Convention Bureau has not been accountable to the taxpayers for the money spent. Mr. Nick Reyna, an associate of the Sheraton Hotel, expressed appreciation to the Council for what they have given to the tourist industry. Ms. Mary Beth Nelson, 2721 Erie Drive, noted that if the Council makes a commitment they should stand behind it, stressing that they should make an equal commitment to other businesses besides those in the downtown area. She stated that the City needs to spend money on industries other than tourism, indicating that there are always places to trim the budget. Mr. Seto Garcia, 3629 So. Saxet, a representative of the Jazz Festival, presented jazz programs to the Council and requested $50,000 from the Convention Bureau for the Jazz Festival expenses. The vote on the motion proposed by Council Member Schwing passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed as amended: inutes Regular Council Meeting July 19, 1988 Page 5 1. ORDINANCE NO. 20382 ADOPTING AND APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1988, AND ENDING JULY 31, 1989, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH COUNTY CLERK UNDER TEXAS BUDGET LAW; APPROPRIATING MONIES FOR SAID BUDGET; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing amended Ordinance passed by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * * Mayor Turner acknowledged Mr. Tom Hunt, 75 Townhouse Lane, who suggested that the Council bring in a professional, qualified manpower organizational team to go throughout the City and bring back recommendations, emphasizing that if they would spend the money for this, it would pay for itself. Mayor Turner recessed the Council Meeting at 11:10 a.m. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 2:10 p.m. and welcomed the following dignitaries from Yokosuka, Japan - Vice Mayor Hideo Swada and Mr. Kazutaka Suzuki, Assistant Chief of Liaison and Foreign Affairs. Mayor Turner presented the dignitaries with keys to the City and proclaimed them honorary citizens of Corpus Christi. The dignitaries presented gifts to the Council, and Vice Mayor Hideo Swada offered some brief remarks about the City of Corpus Christi. Mayor Turner administered the Oaths of Office to the following Board and Committee appointments: Leroy San Miguel - C.C. Housing Improvement Corp./Loan Review Committee; Paul York - Human Relations Commission; Fernando Iglesias, Cynthia Gonzalez - Sister City Committee; W. T. Hough - Private Industry Council; George Beattie - Corpus Christi Regional Transit Authority. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the Repair and Repainting of the Morgan Avenue Water Storage Tank. Victor Medina, Engineering Services Director, opened the bids on the project from the following firms: Andrew Langum, Inc.; Tenyer Coatings, Inc.; Travis Industrial Painters; and Jetco, Ltd. Mr. Medina noted that all bidders had submitted the required bid security bond and acknowledged receipt of the addendum with the exception of Tenyer Coatings, Inc. and Jetco Ltd. who are located out of state, but assured the Council that the addendum had no significant effect on the bid prices. inutes iular Council Meeting Ju_ r 19, 1988 Page 6 Mayor Turner expressed appreciation to the bidders for submitting bids on the project. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 2 thru 8, and Council Members requested that Motions 5 and 7 be withheld for discussion. There were no comments from the audience on the Consent Motions. A motion was made by Council Member Slavik to approve motions 2, 3, 4, and 8; seconded by Mayor Pro Tem Strong and passed unanimously by those present and voting; Schwing absent at the time the vote was taken. In reference to Motion No. 5 concerning the Regional Transit Authority Bus Turnouts, Mayor Pro Tem Strong referred to the contractor who failed to demonstrate any good faith effort to recruit minority subcontractors, inquiring if the City will allow this contractor to bid on future work, and Victor Medina, Engineering Services Director, noted that the City cannot tell the contractor not to bid on future projects, explaining that if he shows the City in good faith effort that he could not meet those requirements, the City would work with him, noting that if he does not, the City would assess him. In answer to a question from Council Member Berlanga in reference to Motion No. 7 pertaining to the Allen School area phase I street improvements, Victor Medina, Engineering Services Director, noted that this project is in the T.G. Allen School area; it will be done in two phases, noting that Phase 1 is in addition to what the City completed about a year and a half ago in the T. G. Allen school area; and Phase 2 will fill in the other streets which need to be completed. A motion was made by Mayor Pro Tem Strong to approve Motions 5 and 7; seconded by Council Member Rhodes and passed unanimously; Guerrero abstaining on Motion No. 5; Schwing absent at the time the vote was taken. 2. M88-0159 Approving the purchase of a chlorine dioxide generating system from Capital Controls Company for $19,161, based on low bid. The system will be used by the Water Production Division to generate chlorine dioxide used for treating water for taste and odor problems. 3. M88-0160 Approving the purchase of a well point pump system from Moretrench American Corporation for $14,194.70, based on low bid. The well point system is used by Wastewater Services. This is a replacement system included in the 1987-88 Capital Outlay. inutes Regular Council Meeting July 19, 1988 Page 7 4. M88-0161 Accepting the Yorktown Waterline Extension project and authorizing final payment of $8,207.89 to Backhoe Lease Service, Inc. 5. M88-0162 Accepting the Regional Transit Authority Bus Turnouts project; granting a 17 -working day time extension; assessing liquidated damages of $4,000 for non-compliance with the Minority Business Enterprise contract requirement; and authorizing final payment of $4,670.93 to Tennessee Pipeline Construction Company. 6. M88-0163 Accepting the Water System Surge Relief Facility constructed at the Caldwell Street Pumping Station, and authorizing final payment of $7,510.73 to Tennessee Pipeline Construction Company. 7. M88-0164 Approving plans and specifications and authorizing receipt of bids on August 23, 1988, for reconstruction of the streets in the Allen School area. 8. M88-0165 Approving plans and specifications and authorizing receipt of bids on August 23, 1988, for the rehabilitation of approximately 750 linear feet of 24 -inch diameter sanitary sewer line along Horne Road from Greengrove Street to Winters Street. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 9 thru 21, and Council Members requested that Items 9, 10, 11, 14 and 17 be withheld for discussion. There were no comments from the audience on the other items. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 12. ORDINANCE NO. 20385 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR CONQUEST AIRLINES FOR TICKET COUNTER AND OFFICE SPACE; AND DECLARING AN EMERGENCY. r inutes Regular Council Meeting July 19, 1988 Page 8 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. 13. ORDINANCE NO. 20386 CLOSING AND ABANDONING A 2" WIDE BY 22' LONG PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 24, BLOCK 7, KINGS CROSSING UNIT 1, PHASE 3, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. 15. SECOND READING AMENDING THE CITY CODE, CHAPTER 39, BY REPLACING SECTION 39-2, CLASSIFIED SERVICE AND EXEMPTIONS; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. 16. SECOND READING AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. 18. SECOND READING AMENDING THE CITY CODE, BY ADDING A NEW ARTICLE II, EMERGENCY MEDICAL SERVICES, SECTION 18-20, AMBULANCE RATES, TO CHAPTER 18, FIRE PREVENTION AND PROTECTION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. 19. SECOND READING AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 33, PERMITS, PLATS, AND FILING FEES, SECTIONS 33.107 AND 33-3.03, TO INCREASE THE APPLICATION FEE FOR CONDITIONAL SIGN PERMITS AND THE APPLICATION FEE FOR FENCE EXCEPTIONS. .inutes Regular Council Meeting July 19, 1988 Page 9 The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. 20. ORDINANCE NO.20387 AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE HERTZ CORPORATION; COASTAL BEND RENT -A -CAR, INC. D/B/A AVIS RENT -A -CAR; NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC.; PAGAN LEWIS MOTORS, INC. D/B/A BUDGET RENT -A -CAR; AND LOMA ENTERPRISES D/B/A DOLLAR RENT -A -CAR FOR CAR RENTAL CONCESSIONS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. 21. ORDINANCE NO. 20388 AMENDING THE CITY CODE, CHAPTER 35, OIL AND GAS WELLS, SECTION 35-117, ANNUAL WELL INSPECTIONS, FEE, TO INCREASE THE ANNUAL INSPECTION FEE FOR EACH WELL IN MARINE AREAS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken. In reference to Item No. 9 pertaining to reimbursement to the General Fund for park planning, Council Member Slavik inquired why the City is using the Economic Development Trust money for parks and how much money will be used, and City Manager Garza explained it is a Park Trust Fund, noting that the cost for the design would be capitalized and charged against the project, and Assistant City Manager Hennings noted that there will be $1,346 which will come out of the Economic Development Trust Fund for the design work. In answer to a question from Council Member Moss about reimbursing other departments for work done on projects, City Manager Garza explained that they keep track of the amount of hours; they charge the account; noting that the projects have a budget for this. Council Member Moss requested an explanation in reference to Item No. 10 pertaining to accounting and collection reimbursements for the second half, 1987-88, and City Manager Garza explained that the bond funds require as much accounting, if not more, noting that they require a special accounting 3nutes Regular Council Meeting July 19, 1988 Page 10 application program. Mr. Garza also expressed the opinion that it is being done efficiently. Assistant City Manager Andrews pointed out that the City has one accountant who is dedicated to capital improvement projects accounting, explaining his duties and touching on the City's collection efforts. In reference to Item No. 14 pertaining to the proposed amendments to the Compensation and Classification Plan for fiscal year 1988-89, Council Member Slavik inquired if the Council's concerns have been met, inquiring about the changes, and Assistant City Manager Andrews indicated that there have been no changes between the first and second readings regarding the housekeeping, noting that this particular action is to bring title updates, range changes, etc., which have happened during the year and put them as a codification and into the Compensation Plan. In reference to this item, City Manager Garza briefly explained the "Acting Pay" policy. In reference to Item No. 17 pertaining to updating the Fire Department Permit fee schedule, Mayor Pro Tem Strong noted that she had received a call from Mr. L. J. Cohen, speaking on behalf of the pest exterminators, in reference to the $5.00 charge which exists in the fire code for fuminization and has not been collected in the past. Mrs. Strong noted that the pest exterminators would like to be able to pay the charge as an annual fee to save time, noting that there would be proper notification of each job. Fire Chief Adame noted that the state law requires that they notify the Police, Fire and Health Departments in writing 24 hours prior to the commencing of the job, explaining the $5.00 permit charge could be paid at that time. After some discussion on this item by several Council Members about paying the fee on an annual basis, City Manager Garza noted that the City has to learn what the potential cost is to the City, indicating that he will look into the matter. Assistant City Manager Elizondo pointed out that someone has to bring the City a written notice twenty-four hours prior to the job, noting that it is a state law requirement. It was the consensus of the Council that City Manager Garza and Mr. Cohen get together to work this matter out before the final reading of the ordinance. There were no comments from the audience on the items. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: dnutes Regular Council Meeting July 19, 1988 Page 11 9. RESOLUTION NO. 20382} APPROPRIATING $4,321 FROM THE PARK TRUST FUND, $6,145 FROM THE PARK BOND FUND AND $3,463 FROM THE AIRPORT BOND FUND TO SUPPLEMENT $12,622 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, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 10. RESOLUTION NO. 20383 APPROPRIATING $54,732.54 OUT OF VARIOUS BOND FUNDS FOR REIMBURSEMENT TO THE 102 GENERAL FUND FOR ACCOUNTING AND COLLECTION SERVICES. The foregoing Resolution passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 11. RESOLUTION NO. 20384 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, FOR THE REPLACEMENT OF CERTAIN SERVICE LIGHTING POLES ON STATE HIGHWAY 358 (FROM GREENWOOD DRIVE TO AIRLINE ROAD), STATE HIGHWAY 286 (FROM STATE HIGHWAY 358 TO INTERSTATE HIGHWAY 37), AND INTERSTATE HIGHWAY 37 (FROM U.S. HIGHWAY 181 TO CORN PRODUCTS ROAD); AND APPROPRIATING $20,000. The foregoing Resolution passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 14. SECOND READING AMENDING COMPENSATION ORDINANCE 3658, AS AMENDED, SECTION 250, CLASSIFICATION PLAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE, BY REPLACING SUBSECTIONS 251, 252, 253, 254, 255, 256 AND 257 WITH NEW SUBSECTIONS 251-257; AMENDING COMPENSATION ORDINANCE 8127, AS AMENDED, SECTION 510, MANAGERIAL GROUP PAY PLAN 1978-88, BY REPLACING IT WITH A NEW SECTION 510; AMENDING SECTION 550, ADMINISTRATION OF THE COMPENSATION PLAN BY DELETING SECTION 555; AMENDING SECTION 600, INITIAL ADJUSTMENTS TO THE COMPENSATION PLAN, BY DELETING SUBSECTIONS 602, 603, 605, 606, 607, AND 608 AND REVISING SECTION 604; AMENDING SECTION 700, SPECIAL COMPENSATION PROVISIONS, BY ADDING A NEW SUBSECTION 701 AND BY DELETING SUBSECTION 705; AMENDING SECTION 950, LEAVES OF ABSENCE, BY AMENDING SECTION 951.0 AND SECTION 952.0; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." inutes Regular Council Meeting July 19, 1988 Page 12 17. SECOND READING AMENDING THE CITY CODE, CHAPTER 18, FIRE PREVENTION AND PROTECTION, SECTION 18-2, PERMIT FEES, TO INCREASE CERTAIN PERMIT FEES, TO INCREASE CERTAIN PERMIT FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 22 pertaining to the O'Neill -Compton Connection. Assistant City Secretary Zahn informed the Council that Council Member Pruet has filed an affidavit with the City Secretary's office in regard to Items 22 and 23 indicating a conflict of interest, and Ms. Zahn noted that Mr. Pruet has departed the Council Chamber. City Manager Garza presented some background information on this item, and Assistant City Manager Jesus Garza displayed a visual aid of the area, offering a brief explanation of the recommendation, noting that this was approved by the voters in 1986. He ascertained that it is for the circulation of traffic in that neighborhood, noting that there is no change in the cost of the project. Mayor Pro Tem Strong pointed out that there is an existing agreement between the Exxon Corporation and the property owners that in connection with any development which will take place on that property, Exxon would, at their expense, move whatever pipelines were necessary for the development. Mrs. Strong indicated the agreement with Exxon will accompany the deeded property. In answer to questions by Council Member Slavik, Assistant City Manager Jesus Garza explained that there will be no change in the project cost, noting that the design is essentially complete and the City is in the process of getting the right-of-way issues taken care of so construction could begin. A motion was made by Mayor Pro Tem Strong to approve a modification to the alignment of the Compton Road extension as previously approved by the City Council on September 30, 1986. The motion was seconded by Council Member Rhodes and passed unanimously by those present and voting; Pruet abstaining; Guerrero absent at the time the vote was taken. There were no comments from the audience. Assistant City Secretary Zahn polled the Council for their votes and the following Resolution was passed: T r inutes Regular Council Meeting July 19, 1988 Page 13 23. RESOLUTION NO. 20389 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OAK TERRACE ASSOCIATES FOR THE EXTENSION OF COMPTON ROAD AND THE ACCEPTANCE OF THE DEDICATION OF THE RIGHT-OF-WAY FROM OAK TERRACE ASSOCIATES. The foregoing Resolution passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Pruet abstaining. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 24 thru 31, and Council Members requested that Items 25, 27, 28 and 31 be withheld for discussion. There were no comments from the audience on the other items. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 24. RESOLUTION NO. 20390 AMENDING RESOLUTION 20192, CURRENT COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI FIREFIGHTERS' ASSOCIATION, BY MODIFYING ARTICLE VI, EMERGENCY MEDICAL SERVICE, SECTION 3, SECTION 5, AND SECTION 6. The foregoing Resolution passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Pruet absent at the time the vote was taken. 26. ORDINANCE NO.20392 AMENDING ORDINANCE 17728, THE CITY'S COMPENSATION AND CLASSIFICATION PLAN, REGARDING THE ACCRUAL AND USE OF VACATION, SICK AND PERSONAL LEAVE BY CITY EMPLOYEES; PROVIDING THAT EMPLOYEES MAY ELECT TO PARTICIPATE UNDER DIFFERENT LEAVE PLANS; REVISING THE CITY'S DISABILITY LEAVE POLICY; PROVIDING FOR SEVERANCE AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Pruet absent at the time the vote was taken. 29. FIRST READING AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, SECTION 17-1.2, SERVICE CHARGE FOR RETURNED CHECKS, BY INCREASING SAID FEE FROM $10.00 TO $15.00; AMENDING CHAPTER 55, UTILITIES, SECTION 55-38, CUSTOMERS' CHECKS, RELATING TO NONPAYMENT OF CHARGES UNDER SECTION 17-1.2; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 1 inutes Regular Council Meeting July 19, 1988 Page 14 The foregoing Ordinance passed on first reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Pruet absent at the time the vote was taken. 30. SECOND READING AMENDING THE CITY CODE, CHAPTER 55, UTILITIES, SECTION 55-50, SCHEDULE, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO REVISE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Pruet absent at the time the vote was taken. In answer to a question from Council Member Moss in reference to Item No. 25 pertaining to the City Hall, City Manager Garza noted that the City did not construct the same building in terms of the designed interior, noting that about a year ago, the Council authorized moving the computer facility down to the basement, elaborating on the cost of that change order. Mr. Garza noted that the contractor had not been paid because the punch list had not been complete; all the major items have been addressed; but there are still some minor items which need to be taken care of. In reference to payment to the architect, Victor Medina, Engineering Services Director, determined that item will be forthcoming to the Council. Mr. Medina noted that all of the major items of the City Hall have been completed; there is a one-year maintenance and warranty on the City Hall and one year from today there will be a final inspection of the City Hall on warranty items which have not been addressed. In answer to a question from Council Member Moss on Item No. 28 pertaining to wording in the agreement with the Art Community Center, Assistant City Manager Hennings remarked that is the language which the City Council used in adopting a motion a year ago approving the concept which the Art Community Center presented. In reference to Item No. 31 pertaining to the wastewater rate increase 1988-89, Council Member Slavik inquired if the rates were increased in August of 1986, and City Manager Garza replied in the affirmative at a ten -percent rate increase. Mrs. Slavik expressed concern regarding the increase, and Mr. Garza explained that the City has a plan to make the enterprise funds self-supporting, noting that in the past the City had supported the wastewater fund through property tax. He stated that the City has been moving the wastewater debt for general obligation bonds into the wastewater fund over the last three years, noting that there is one more year to go. There were no comments from the audience. inutes Regular Council Meeting July 19, 1988 Page 15 25. RESOLUTION NO. 20391 APPROVING CHANGE ORDERS 1114 AND 1117, FOR $13,243 AND $13,032, RESPECTIVELY, TO THE CONTRACT WITH MANHATTEN CONSTRUCTION COMPANY FOR THE NEW CITY HALL PROJECT; ACCEPTING THE NEW CITY HALL PROJECT AND AUTHORIZING FINAL PAYMENT OF $615,064.65 TO MANHATTAN CONSTRUCTION COMPANY; AUTHORIZING THE TRANSFER OF $210,000 FROM THE CITY HALL TRUST FUND AND $50,424 FROM THE CITY MANAGER PRODUCTIVITY TRUST FUND TO THE CITY HALL BOND FUND; AND APPROPRIATING $382,322.58 FROM THE CITY HALL BOND FUND TO COVER FINAL PROJECT COSTS APPLICABLE TO CITY HALL PROJECT. The foregoing Resolution passed by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent at the time the vote was taken. 27. RESOLUTION NO. 20393 AUTHORIZING THE EXECUTION OF AGREEMENTS WITH ALTA HEALTH STRATEGIES, INC. FOR EMPLOYEE DISABILITY INSURANCE. The foregoing Resolution passed by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent at the time the vote was taken. 28. FIRST READING AUTHORIZING THE EXECUTION OF A 20 -YEAR LEASE TO THE ART COMMUNITY CENTER OF CORPUS CHRISTI, INC. OF A TRACT OF LAND ON SHORELINE DRIVE INCLUDING THE FORMER CITY HALL ANNEX; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent at the time the vote was taken. 31. SECOND READING AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Strong, Guerrero, Mos, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * r inutes Regular Council Meeting July 19, 1988 Page 16 Mayor Turner called for the City Manager's report, and City Manager Garza reported that the old City Hall directory has been refurbished; it looks very attractive; and it will be used for notices of the City's meetings. Mr. Garza announced that the City will be going through a hearing process on the adoption of the tax rate, commenting that a tax rate was not adopted today. He stated that it will be brought to the Council for their approval within the next few weeks. Council Member Moss inquired about the City's phone directory, and City Manager Garza responded that he will provide Mr. Moss with an update on that question. Relating to the Mayor's report, Mayor Turner presented Council Member Pruet with a Certificate of Commendation for his tenure as Mayor Pro Tem. Mayor Turner called for Council liaison reports and other reports from the Council. Downtown Revitalization - Council Member Berlanga invited Mr. Kevin Walker, Director of the Heart of Corpus Christi, to update the Council on downtown, and Mr. Walker reported that they are in the process of obtaining a consulting firm to perform a feasibility study. Mr. Walker invited the Council to a retreat on August 6 at the Hershey Hotel. Council Member Berlanga remarked that he would like to see the code enforcement activated in the downtown area. Council Member Schwing asked the Council to join him in requesting the Economic Development Corporation to take a more active role in procuring local contractors for the local 8A contractors, and the Council concurred. Mr. Schwing noted that he would like the Economic Development Corporation to come forth with their economic incentive results and make a presentation to the Council. Port Authority - Mayor Turner recognized Mr. Eddie Galvan, a member of the Port Authority, who briefed the Council on the recent oil spill, noting that the Council will be provided with a line by line report. Council Member Schwing asked Mr. Galvan about the report on containerization, and Mr. Galvan replied that it will be prepared and ready for the public hearing soon after the August Port meeting. Mr. Schwing requested a report be given to the Council some time in September, and Mr. Galvan agreed. Council Member Pruet inquired about the staff report on the recommendation of the CPL Building for a police facility, and City Manager Garza responded that the Council will receive the report in about two weeks. inutes Regular Council Meeting July 19, 1988 Page 17 Mayor Pro Tem Strong announced that there will be a reception tomorrow evening at the Corpus Christi Yacht Club by the Corpus Christi Sailing Foundation to honor Paul Forester who has been selected for the Olympic sailing team. Council Member Slavik referred to Item No. 26 which the Council just passed pertaining to the City's vacation and sick leave policy asking if the staff had answered the Council's concerns about allowing employees to continue to accrue sick leave, and Council Member Rhodes pointed out that the Council passed the Ordinance and the majority of the Council Members did not have any problems with it. City Manager Garza presented the Council with comparison surveys, pointing out that the comparison was not favorable to the private industry. Council Member Slavik again requested from Assistant City Manager Hennings a copy of the Minutes in which the Council agreed to fund the bowling league. Mrs. Slavik noted that during the morning meeting a Mrs. Wittner presented an idea for revenue for the City, and she requested that the staff provide comments concerning businesses operating out of the home, and City Manager Garza noted that the staff will get back with Mrs. Slavik, but that he did not think it was a good idea, and Council Member Guerrero expressed the opinion that this is the last thing the City should do because it creates a traffic problem in the neighborhood. Council Member Berlanga inquired about the status of the waste disposal, and Assistant City Manager Jesus Garza updated the Council on this matter, noting that the City needs to develop a 20 -year Master Plan; staff has not yet completed the proposals; and recommendations will be brought to the Council. Mr. Berlanga inquired about the proposal for building another golf course in the City, and City Manager Garza noted that Assistant City Manager Hennings has not read the proposal yet. Council Member Schwing also referred to Item No. 26 on the agenda which the Council just passed concerning the City's vacation and sick leave policy referring to the buyback program, and City Manager Garza remarked that he sees the buyback as a benefit to the City and not the employee. More discussion on Item No. 26 followed by the staff and various Council Members, and Council Member Schwing expressed concern about receiving incorrect material in his packet. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mrs. Kathleen Smith, Robstown, referred to the 0. N. Stevens Reservoir and read from a prepared statement, noting that the project is in violation of the specifications as they relate to the materials used. if r inutes Regular Council Meeting July 19, 1988 Page 18 Mayor Turner instructed Mrs. Smith to leave the letter with the City Manager noting that he will respond to Mrs. Smith. Mr. J. E. O'Brien, 4130 Pompano, protested against the three-minute time limit for petitions, noting that it used to be five minutes. Mr. O'Brien offered comments in regard to the matter described in Mrs. Smith's discussion. Assistant City Manager Jesus Garza provided the Council with a brief update on the matter Mrs. Kathleen Smith referred to, explaining that action has been taken; the City has exceeded the number of tests; the City has ceased delivery of the materials; and the City is trying to get the issue resolved. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 4:00 p.m. on July 19, 1988. * * * * * * * * * * * * * I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of July 19, 1988 which were approved by the City Council on July 26, 1988. WITNESSETH MY HAND AND SEAL, this the day of etty Turer, MAYOR Armando Chapa, City Secretary City of Corpus Christi