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HomeMy WebLinkAboutMinutes City Council - 07/26/1988MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 26, 1988 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Linda Strong * Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing Mary Pat Slavik City Manager Juan Garza Asst. City Attorney Jimmy Bray Ass't. City Secretary Dorothy Zahn Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Moss following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Rhodes. Assistant City Secretary Zahn called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of July 19, 1988, and there being no additions or corrections, she proclaimed them approved as written. Mayor Turner recognized Mr. Ramiro Gamboa and Ms. Marcie Beattie, Co-chairmen of Feria de las Flores and read a Proclamation proclaiming July 29 thru July 30 as Feria de las Flores days in Corpus Christi. Mayor Turner administered the Oath of Office to the following Board & Committee appointee: Robert Bowers - Private Industry Council. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 5a. A motion was made by Council Member Slavik to approve Consent Motions 1 thru 5a; seconded by Council Member Guerrero and passed unanimously by those present and voting; Pruet abstaining on Motion No. 4; Strong absent at the time the vote was taken. MICROFILMED Minutes Regular Council Meeting July 26, 1988 Page 2 1. M88-0167 Approving a supply agreement for pipe repair clamps with McAllen Pipe and Supply based on the low bid of $85,742.68. The terms of the contract shall be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Water Division. 2. M88-0168 Approving a supply agreement for police training reload ammunition with Zero Ammunition Company, Inc. based on the low bid of $20,276.05 The term of the agreement will be for twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. 3. M88-0169 Accepting the improvements to Crestmont, Pebble, Winrock, Temple and West Haven Parks and authorizing final payment of $30,259.64 to Coleman -Roth Construction, Inc. 4. M88-0170 Accepting the Bear Lane Sanitary Sewer Trunk Extension project; granting a 42 working -day time extension; assessing liquidated damages of $17,000; and authorizing final payment of $25,800.50 to J & B Contractors, Inc., dba South Texas Utility Contractors. 5. M88-0171 Accepting the Oso Recreation Center Expansion and H.E.B. Tennis Center Improvements project, and authorizing final payment of $27,283.60 to Mehne Construction, Inc. 5a. M88-0172 Amending prior to third reading the ordinance updating Corpus Christi Fire Prevention Code fees, to provide an annual fee of $260 or $5 per job for fumigation and thermal insecticide fogging. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 6 thru 14. In reference to Item No. 6 pertaining to the City/State agreement for skid testing on City streets, Council Member Moss inquired when the project will be completed, and Victor Medina, Engineering Services Director, replied that the Minutes Regular Council Meeting July 26, 1988 Page 3 project will begin within the next two or three months, noting that it will be done by the state. Mr. Medina explained that some of these streets presently do not have skid resistant material on them, noting that some streets do, and the state will re-evaluate them. In reference to Item No. 7 pertaining to approving the purchase of police motorcycles, Council Member Rhodes referred to the motion made last week by Council Member Schwing and that the City Manager stated he would come back to the Council with some adjustments because there may not be enough money for police cars, and City Manager Garza noted that he clarified that he would reassess the priorities for the entire City, indicating that the police cars would take priorities over other cars. Mrs. Rhodes indicated that since the City already has motorcycle officers, she thought this is poor timing and inquired if the money identified with law enforcement trust funds could be used to buy police cars. City Manager Garza explained that this is a possibility if a new, additional vehicle is purchased, but the designated funds cannot be used for replacement vehicles. He explained the system, whereby the police officers own their own motorcycles and are paid monthly operating expenses. Mr. Garza stated that he would like to convert to City -owned motorcycles, thereby allowing the use of the motorcycles for twenty-four hours instead of for just one shift. He explained that this system has been in the planning stage for one year, noting that Chief Olson has recommended that the cycles be financed from the drug fund. Council Member Rhodes stated that she had objected to this before, noting that the City should use the money from the law enforcement trust fund for police cars, and use the money in the general revenue for the other vehicles which are needed. City Manager Garza expressed the opinion that the City should own their own motorcycles; he offered the pros and cons of the officers owning their own motorcycles; and he elaborated on the liability of the City. Mr. Garza noted that he does not propose to provide funeral and escort services; that is a private business; and individuals who provide that service are paid privately. Discussion followed, and Council Member Berlanga inquired if the change would create a savings, and Chief Olson noted that in the long run it would. In answer to a question from Council Member Schwing, Chief Olson provided a brief history of the background on this matter, pointing out the pros and cons of his decision and indicating that the new policy would give him more management flexibility over the motorcyle patrol and more accessibility to the cycles. He stated that the maintenance of the motorcycles would be handled by the contractor, noting that there is $18,000 in the budget for maintenance. if T Minutes Regular Council Meeting July 26, 1988 Page 4 Council Member Guerrero indicated that he thought the concept was a good idea, but questioned if it isn't premature, noting that it is possible the City is trying to fix something that is not broken. City Manager Garza noted that the program has worked well and it is unique. He stated that he is concerned that the Police Department cannot structure the operations of a department around six individuals, noting that right should be reserved to management. After more discussion on this matter, Council Member Pruet pointed out that the Police Chief and the City Manager have indicated that the system would be a more cost effective way to run the motorcycle division, noting that this is a management decision being brought for ratification and not a policy decision. Chief Olson referred to the drug funds and noted that the City cannot buy replacement equipment; this will be a one-time thing; and the next replacement will have to come out of budgeted funds. He indicated that with the present system, the City does not own anything, noting that if they own the motorcycles at the end of the year, they will have the motorcycles which are a capital asset, indicating that over two years, the motorcycles will pay for themselves. Mayor Turner indicated that the Council needs to support the recommendation of Chief Olson and the City Manager, noting that it is a management decision and not a policy decision. In reference to Item No. 8 pertaining to the purchase of the front end loader for sanitation operations, Council Members Moss inquired when the previous front end loader was purchased, and Assistant City Manager Jesus Garza replied he did not know the date; he will find out and provide Mr. Moss with an answer. In reference to Item No. 9 pertaining to engineering reimbursements - fourth quarter, F.Y. 1987-88, Council Member Moss requested an explanation of the accounting procedure, and City Manager Garza explained that this is the last time it will be brought to the Council in this form, noting that the fifteen percent overhead refers to what is actually a direct cost to the City, and Victor Medina, Engineering Services Director, explained that it is 89 percent on some projects, noting that on some, the City is only allowed to charge sixteen percent. In answer to a question from Council Member Moss on Item No. 11 pertaining to the coin-operated telescopes at waterfront parks, City Manager Garza explained that the vendor subtracts the sales tax; it is not included in the gross receipts; and the ten percent is computed on what is left. In reference to Item No. 12 pertaining to the Bayfest Agreement, Council Member Slavik inquired how much money is involved to pay for the additional cost Minutes Regular Council Meeting July 26, 1988 Page 5 by the City, and City Manager Garza noted that there is a tabulation from three City departments involved amounting to about $32,000. Mr. Garza stated that they do reimburse the City for part of it but not all of it. Mr. Garza indicated that this has been done every year approximately the same way. In answer to a question from Council Member Berlanga who expressed concern about the length of the lease, Assistant City Manager Hennings noted that this is a three-year lease which gives some assurance to Bayfest that they can continue to plan to have the Bayfest for the next three years. Mr. Hennings indicated that as long as they comply with the terms of the lease, they would be entitled to plan to have Bayfest for the next three years, noting that is the purpose of the agreement. In reference to Item No. 14 pertaining to acceptance of the 14th year Community Development Block Grant program, Council Member Slavik inquired about the time frame for the Economic Development Service Center, inquiring if there are any additional funds involved from other sources for this center, and City Manager Garza replied that the center will be partially funded by $40,000 from the Community Development Block Grant and $30,000 from the PIC funding - JTPA. He explained that the City hopes to get the center started as quickly as possible, noting that Mr. Malcolm Matthews will be working in the center. Mayor Turner called for comments from the audience. The following members of the audience spoke in reference to Item No. 7 pertaining to approving the purchase of police motorcycles: Mr. Enrique Garcia, President of the Corpus Christi Police Officers Association, spoke in opposition to the purchase of the motorcycles, noting that the current system is presently working, indicating that the money could be used for other things. Ms. Miriam Wagenschein, 6810 Sahara, Vice Chairman of the Transportation Advisory Committee, spoke in favor of purchasing the six motorcyles, noting that the committee would like to see twelve motorcycles in operation. Mr. Philip Rosenstein, 949 Bobalo, spoke in favor of purchasing the motorcycles, indicating that six is not enough for a City of this size. He pointed out that the City currently does not own any motorcycles, noting that they belong to the police officers. Mr. Rosenstein referred to the motion made by Council Member Schwing at last week's Council Meeting and stated that he hopes that Mr. Schwing stands behind his statement that his number one priority is public health and public safety. Mr. Robert J. Reyna, a retired marine, spoke in favor of purchasing the motorcycles. n r Minutes Regular Council Meeting July 26, 1988 Page 6 Council Member Berlanga expressed the opinion that the City should retain the original six motorcycles owned by the police officers and purchase the six new ones. Council Member Pruet pointed out that if the City owned their own motorcyles, they would triple the flexibility and the available motorcyle police on the streets in Corpus Christi. Council Member Rhodes noted that she would support this item if the City wanted to purchase six additional motorcycles, pointing out that there are not enough police officers to put on the motorcycles. Mr. Ronald Browne, owner of Browne's Harley Davidson, stated that he submitted a bid on the motorcyles; he contested the bid sheet; and expressed the opinion that he was the low bidder. Mr. Dick Woods, a Harley Davidson representative, stated that he helped write the bid specifications, noting that the specifications on the bid sheet are incorrect. He noted that he would provide the Council with figures pertaining to Harley Davidson and Kawasaki motorcycles. Council Member Rhodes inquired if the City would lose the money if it was not spent on the motorcycles, and Chief Olson indicated that the money could be used for other things. Mr. Mike Casey, a Corpus Christi police officer, noted that the six officers are good at what they do and things are working fine with the present system. Mr. Casey pointed out that the legislature will eventually pass a bill whereby the money would have to be used for drug enforcement, pointing out that there is a chance that the money will soon not be available. Mr. Charles Hankins, 5034 Mokry, spoke in favor of the purchase of the motorcycles. In reference to Item No. 12 pertaining to the Bayfest agreement, Ms. Kathy Lorenz, 346 Bermuda, Co-chairman for Bayfest, indicated that they have good relations with the City and the Convention Center, noting that they are more then willing to work with the City. She noted that in the past they had a three-year agreement in order for them to plan Bayfest in advance. In reference to Council Member Moss' question on Item No. 8, City Manager Garza stated that the front end loader which is being replaced was purchased in 1975. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: r r Minutes Regular Council Meeting July 26, 1988 Page 7 6. RESOLUTION NO. 20394 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDING FOR THE PERFORMANCE OF A SKID TESTING PROGRAM ON APPROXIMATELY 200 MILES OF CITY STREETS. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye" Strong absent at the time the vote was taken. 7. Failed to Pass AUTHORIZING THE PURCHASE OF SIX MOTORCYCLES FROM KAWASAKI OF CORPUS CHRISTI FOR LAW ENFORCEMENT PURPOSES; AND APPROPRIATING $34,896. The foregoing Resolution failed to pass by the following vote: Turner, Guerrero, Moss, and Pruet voting, "Aye"; Berlanga, Rhodes, Schwing and Slavik voting, "No"; Strong absent at the time the vote was taken. 8. RESOLUTION NO. 20395 AUTHORIZING THE PURCHASE OF ONE THREE -CUBIC YEAR, RUBBER -TIRED FRONT-END LOADER FROM ANDERSON MACHINERY COMPANY FOR $72,999, BASED ON LOW BID AND APPROPRIATING THE SAME AMOUNT FROM THE VEHICLE REPLACEMENT TRUST FUND. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 9. RESOLUTION NO. 20396 APPROPRIATING $261,617.67 TO SUPPLEMENT $113,442.32 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION MARKED EXHIBIT A. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 10. RESOLUTION NO. 20397 AUTHORIZING THE APPROPRIATION OF $43,549.12 OUT OF PARK TRUST FUND 111 TO SUPPLEMENT $17,550.77 FOR REIMBURSEMENT TO THE GENERAL FUND FOR WORK ACCOMPLISHED AT VARIOUS PARKS BY PARK CONSTRUCTION FORCES. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. Minutes Regular Council Meeting July 26, 1988 Page 8 11. RESOLUTION NO. 20398 AUTHORIZING THE EXECUTION OF A THREE-YEAR SERVICES CONTRACT WITH J. B. CARGILE FOR THE INSTALLATION AND MAINTENANCE OF COIN-OPERATED TELESCOPES ON CITY PROPERTY LOCATED ALONG THE BAYFRONT OR THE CAYO DEL OSO. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 12. RESOLUTION NO. 20399 AUTHORIZING THE EXECUTION OF A THREE-YEAR AGREEMENT WITH BAYFEST, INC., FOR THE PURPOSE OF HOLDING A FESTIVAL AND RELATED ACTIVITIES IN CONNECTION WITH THE BAYFEST CELEBRATION TO BE LOCATED ALONG SHORELINE BOULEVARD BETWEEN IH -37 AND THE BAYFEST SCIENCE PARK DURING 1988, 1989, AND 1990. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 13. RESOLUTION NO. 20400 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CORPUS CHRISTI METRO MINISTRIES, INC. TO AWARD METRO MINISTRIES, INC. EMERGENCY SHELTER GRANT FUNDS IN THE AMOUNT OF $10,000; AND APPROPRIATING $10,000. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 14. RESOLUTION NO. 20401 ACCEPTING THE 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS; AND APPROPRIATING FUNDS FOR ELIGIBLE 14TH YEAR PROJECTS. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 15 thru 24, and a Council Member requested that Item No. 15 be withheld for discussion. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: Minutes Regular Council Meeting July 26, 1988 Page 9 16. SECOND 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 passed on second reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 17. SECOND 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. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 18. ORDINANCE NO. 20403 AUTHORIZING THE EXECUTION OF A PARTIAL RELEASE OF COASTAL PUBLIC LANDS LEASE NO. CL -80-008, WHICH IS THE RED DOT BAIT STAND TRACT ON THE JOHN F. KENNEDY MEMORIAL CAUSEWAY; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Turner abstaining; Strong absent at the time the vote was taken. 19. ORDINANCE NO. 20404 AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE BUCCANEER COMMISSION INC. FOR THE USE OF CERTAIN CITY PROPERTIES AND SERVICES DURING THE ANNUAL BUCCANEER DAYS FESTIVAL; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 20. ORDINANCE NO. 20405 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 if r Minutes Regular Council Meeting July 26, 1988 Page 10 COMPENSATION PLAN, BY DELETING SUBSECTIONS 602, AND REVISING SECTION 604; AMENDING SECTION PROVISIONS, BY ADDING A NEW SUBSECTION 701 AND AMENDING SECTION 950, LEAVES OF ABSENCE, BY SECTION 952.0; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance was Turner, Berlanga, Guerrero, "Aye"; Strong absent at the 21. ORDINANCE NO. 20406 603, 605, 606, 607, AND 608 700, SPECIAL COMPENSATION BY DELETING SUBSECTION 705; AMENDING SECTION 951.0 AND passed on third reading by the following vote: Moss, Pruet, Rhodes, Schwing and Slavik voting, time the vote was taken. AMENDING THE CITY CODE, CHAPTER 39, BY REPLACING SECTION 39-2, CLASSIFIED SERVICE AND EXEMPTIONS; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 22. ORDINANCE NO. 20407 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 was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 23. ORDINANCE NO. 20408 AMENDING THE CITY CODE, CHAPTER 18, FIRE PREVENTION AND PROTECTION, SECTION 18-2, PERMIT FEES, TO INCREASE CERTAIN PERMIT FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed, as amended, on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 24. ORDINANCE NO. 20409 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 was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. Minutes Regular Council Meeting July 26, 1988 Page 11 * Council Member Strong arrived at the meeting at 3:20 p.m. In reference to Item No. 15 pertaining to the Capital Improvements Program, Council Member Slavik inquired where the money will come from to pay for this year's bond sale in the amount of $16,000,000, and City Manager Garza stated that it is provided for in the current tax levy, noting that the restructure of the debt last year allowed for this. Council Member Slavik inquired if the staff feels that the Council had adequate opportunity to discuss the five-year plan, and City Manager Garza responded that is something that the Council has to answer, noting that the idea is to develop a program which the Council feels comfortable with, indicating that the Council should debate it as much as possible. Council Member Slavik inquired how this is planned to be presented to the Council, and City Manager Garza explained that once a year the Council will be given a five-year program which will be the capital budget for the most current year, noting that the remaining four years will be the staff's best educated guess as to what the City's needs are in the future. Mr. Garza noted that the Council will not be committed to them, indicating that the following year the Council can revise the schedule. He stated that it is a five-year planning process. Council Member Slavik expressed concern about the money allocated for the new wastewater plant, inquiring what if the $2 million is not adequate to purchase the site. She asked if the City couldn't be more flexible in the amount, and City Manager Garza noted that it depends on how far off base the figure is, noting that it is his opinion that the $2 million is adequate, indicating that the City will not know until they actually purchase. Mr. Garza noted that he will get options on the land and present them to the Council. Council Member Rhodes suggested a guarantee be built in and to go ahead with the recommendation for the $2 million, but set aside $1 million in the next bond sale if it is needed for the land, and City Manager Garza indicated that could be done with a caveat. Mrs. Rhodes referred to the communications system the City is purchasing, stating that she did not think there is enough money set aside to purchase the system. She asked if the City could set aside some of this bond money to increase the amount that is in there for the communications system, and City Manager Garza noted that it will probably require additional authorization or a Certificate of Obligation in the amount needed to complete the system. Discussion followed, and Council Member Pruet pointed out that this is an excellent plan and provides an accountability to the public as to how effectively the bond dollars are being spent. i Minutes Regular Council Meeting July 26, 1988 Page 12 Mr. John Talbot, 829 Egyptian, a representative of the Pharoah Valley Neighborhood Association, presented the Council with a letter from the association president. He noted that the association supports the capital improvements but is concerned in the reduction from $3 million to $2 million in the southside plant. Mr. Talbot read an excerpt from the association letter, noting that they are requesting that the City Council reverse the proposed reduction and restore the full $3 million and if this is not possible, if the $1 million also scheduled for the purchase could be made available before 1993 if it is needed. City Manager Garza noted that the money needs to be spent as quickly as possible, referring to Council Member Rhodes' previous suggestion. He expressed the opinion that he will be able to shift the priorities. Ms. Miriam Wagenschein, 6810 Sahara, remarked that effective wastewater treatment is essential to Corpus Christi and its future, noting that it has to be handled effectively. She reminded the Council that the $3 million was voted by the voters, not just for land acquisition, but for planning, engineering and designing a new plant. She questioned whether the capacity of the plant can be increased beyond the permitted 16.2. She urged the City to proceed with the land acquisition and begin the engineering so that timely construction of that plant can be accomplished. She stated that if $2 million is not adequate, that the City should fund whatever is adequate. A motion was made by Council Member Rhodes that the Council instruct City Manager Garza that this is a priority in the current year's bond sale; give him the flexibility to adjust the current year's package if he needs more money for the land acquisition. The motion was seconded by Council Member Slavik and passed unanimously. Mr. Irving Dietz, 455 Miramar, referred to the 1986 bond election and the fact sheet prepared by the City, noting that money was pledged from the Reinvestment Zone for the seawall and T -head improvements. He asked if that was still going to prevail, and City Manager Garza noted that it was the decision of the Council to finance the aquarium, as well as the museum expansion, from the Reinvestment Zone. Mr. Garza noted that the Council's decision was made at a public meeting where there was considerable discussion. Mr. Dietz then expressed concern about the senior center expansion, noting that the senior citizens are in favor of keeping the green space at the Lindale Center. He requested that the City Manager make arrangements to have a public meeting with the people who use the center to get their input in regard to the improvements. Mayor Turner concurred with Mr. Dietz and encouraged the City Manager to work with Celia Martinez and individuals involved with the center before the plans for the senior center expansion are finalized. Minutes Regular Council Meeting July 26, 1988 Page 13 Council Member Slavik expressed concern that when there is a bond sale, the public is presented a fact sheet, and then the Council votes to change the priorities, noting that there should be a way to explain to the public. City Manager Garza explained that as the financing capacity of the City changes, the law gives the Council the flexibility to change with those conditions, but in regard to what the Council proposed to deliver in the way of improvements, must be accomplished at some time. Council Member Slavik requested that she be provided a legal opinion on the above matter by next week, and City Manager Garza responded that will be done. Council Member Rhodes pointed out that the people at Lindale want more space, but not that space, noting that they need to be consulted to see if they are willing to sacrifice green space for more building space. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 15. RESOLUTION NO. 20402 ADOPTING AND APPROVING THE FIVE-YEAR CAPITAL IMPROVEMENT WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY. The foregoing Resolution passed by the following vote: Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong 25. ORDINANCE NO. 20410 PROGRAM A COPY OF Turner, Berlanga, voting, "Aye." 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. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 26. ORDINANCE NO. 20411 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 was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting July 26, 1988 Page 14 27. ORDINANCE N0. 20412 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 third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Items No. 28, 29 and 30. In reference to Item No. 28 pertaining to the submission of the Certified Appraisal Roll, City Manager Garza informed the Council that the rollback rate is higher than the rate the City is adopting, and since it is below the rollback rate, the City does not have to go through the special hearings and the ad in the paper. In reference to Item No. 29 pertaining to the adoption of the 1988 Ad Valorem Tax Rate, Council Member Slavik referred to the effective rate calculations, noting on Page S30 in the budget book it shows $3.8 million as interest income. She asked where that interest will come from, and City Manager Garza responded that it will come from construction funds, noting that it is part of the City's plan to phase that method of financing out in four years, and Assistant City Manager Andrews noted that in the budget summary, it also includes interest earnings on the reserves in the debt fund. Council Member Slavik noted that in the budget it shows $3.3 million being transferred from wastewater, and she inquired why this is being transferred and why the City is using the wastewater funds to pay off the general obligation bonds, and City Manager Garza noted that the City has used the general obligations bonds to support improvements to the wastewater facility as opposed to revenue bonds. He stated that the transfer from the wastewater funds is required to pay off its portion of the bonds that were sold for the benefit of wastewater. He noted that the City is trying to have all of the wastewater fund support all of its own debt, noting that next year the City will complete the process of making Wastewater support all its own debt. A motion was made by Council Member Guerrero to approve the 1988 Certified Appraisal Roll and the certification of the anticipated collection rate for 1988 and 1987 excess collections, by the Tax Assessor -Collector, to the City Council as required by Section 26.04(b) of the Property Tax Code. The motion was seconded by Mayor Pro Tem Strong and passed unanimously. (M88-0173) A motion was made by Council Member Guerrero to approve the Tax Roll Levy for the City of Corpus Christi for the Tax Year 1988 in accordance with Section 26.09(e) of the Texas Property Tax Code, which states that the Assessor will submit the appraisal roll, with amount of tax entered, to the governing body for Minutes Regular Council Meeting July 26, 1988 Page 15 approval as the City's tax roll. The motion was seconded by Mayor Pro Tem Strong and passed unanimously. (M88-0174) Assistant City Secretary Zahn polled the Council for their votes and the following Ordinance was passed: 29. ORDINANCE NO. 20413 PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1988 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE; PROVIDING FOR EARLY DISCOUNT PAYMENTS: PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza referred to the aquarium bonds stating that he wants to propose the sale of the bonds and proceed with the filing of the validation lawsuit. He stated that he hoped that the City could resolve the issue with the people who filed the application for a petition, but he has been unsuccessful. He informed the Council that he has instructed the firm of Fulbright and Jaworski to file the validation lawsuit tomorrow; he has attempted to avoid that by discussing the issue with Mr. J. E. O'Brien; but the issue has not been resolved. Mr. Garza continued by stating that the City needed to progress to the next step and then sell the bonds. He pointed out that even if one of the signers of the application for a petition did withdraw his name, it is possible that another person could sign a petition. He explained that the staff and the attorneys have prepared a statement to be published in the newspaper, hopefully just above the legal notices section. Mr. Garza read the statement which issues an invitation to any interested citizen to join the suit and tell the court their views and/or objections. He pointed out in this statement that if citizens are not opposed to the aquarium project, the suit will not affect them. City Manager Garza informed the Council that Rudy Gonzalez has resigned his position as Director of Housing and Community Development in order to accept a position in California. Assistant City Manager Utter presented a TML Legislative Report to the Council which was just received, whereby the Texas Municipal League is asking for the City's support on the senate markup of new tax legislation. He explained this is a technical corrections bill, noting that there are a number Minutes Regular Council Meeting July 26, 1988 Page 16 of things in the corrections bill that directly affects cities. He asked the Council if there are any objections to the staff going ahead and supporting the TML's position. Mr. Utter then proceeded to read the five federal issues. Discussion followed, and Mayor Turner expressed concern in receiving the report, noting that the TML should get this Council in a more expedient manner. Mayor Pro Tem Strong suggested that a copy of what the be sent to Senator Phil Graham and Congressman Solomon Ortiz position is very clear. about the lateness information to the City is supporting so that the City's Mayor Turner referred to the concerns addressed last week when the Council funded the Convention and Visitors Bureau, noting that she is creating a Visitor Industry Task Force, the purpose of which will be to assist the Council in making responsible policy recommendations, and budgetary decisions for the City's Visitor/Convention Bureau that helps to insure future funding for the Bureau and helps support increases in the visitor/convention business in Corpus Christi. Mayor Turner explained the charge of the Task Force, noting that their report should be completed within 120 days and submitted to the applicable parties no later than the 1st day of December, 1988. Mayor Turner noted that the members from the City will be Council Members Pruet, Schwing and Berlanga with ex -officio members Mayor Turner and City Manager Garza; from the Visitor Bureau - Ed Garza and Ron Jennings with ex -officio members Steve Dewalt and Chris Davis; from the Chamber of Commerce - Jerry Gates and Ike Salinas with ex -officio members Ron Payne and Jim Bradley. City Manager Garza informed the Council that the Town Hall Meeting on Corpus Christi's business climate will be tomorrow at the Bayfront Plaza Convention Center. Council Member Guerrero expressed concern about the newly appointed Mayor's task force, noting that the minutes were explicit and directed the staff to prepare a recommendation and come back to the Council. He stated that the Council will hold the staff accountable. He further stated that if the task force does not follow these guidelines which are explicit and contained in the Minutes, he will have a problem with the funding as proposed in the amendment by Council Member Rhodes. Mr. Guerrero expressed the opinion that a task force is not needed. Council Members Slavik and Rhodes concurred with Mr. Guerrero. Council Member Slavik referred to the Town Hall Meeting and inquired what the Council Members will be expected to provide, and Assistant City Manager Utter noted that the Council will not be expected to make a presentation. He stated that it is an open forum, elaborating on the agenda. Council Member Rhodes noted that she will be unable to attend the meeting and requested a tape of the meeting. Minutes Regular Council Meeting July 26, 1988 Page 17 * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Raymond Hasker, 1813 Wallace, referred to the validation lawsuit. He read a letter that he would like incorporated into any press or TV releases which the City staff or Council Members make. He stated that he resents the way the City mismanages the truth. He read a letter from the City Secretary concerning the petition and stated he resents the way the City government is run. Mr. Trian Serbu, 14310 Playa Del Ray, presented material to the Council and stated he is against Packery Channel being used as the Boat pass. He stated he is for a full service boat pass to the Gulf, but not at the Packery Channel location which would have the City pay more for construction and maintenance, citing several other reasons. Council Member Guerrero indicated that the Council has never gone on record as endorsing Packery Channel as being the official boat pass, noting that neither has any Board or Commission of the City. Ms. Virginia Waddle, 609 De Forrest, presented a letter to the Council and referred to a letter she received from Assistant City Manager Jesus Garza concerning her gas service. She provided background information on her problem, noting that she has no gas or water and is being overcharged. Assistant City Manager Jesus Garza noted that there is a leak on Ms. Waddle's side of the meter; it is the City's policy that it is the homeowner's responsibility; and once Ms. Waddle gets it repaired, the City will turn on the gas. Mr. Robert Reyna, Corpus Christi, noted that he is disappointed in the City Council and in some of their decisions, elaborating on them. Mr. Bill Powell, President of Powell Entertainment Group, presented a proposal to the Council regarding a Texas Riviera Labor Day Jam to be held on North Beach. He noted that he has been working with the City and requested an amendment for a temporary waiver of rights to put up a fence for crowd control and admissions on No. Beach. Mr. J. E. O'Brien, 4130 Pompano, referred to the petition request which was signed by five citizens. He quoted from the letters turned into the City Secretary and received from the City Secretary concerning the petition. He noted that he disagrees with the City Attorney's recommendation, noting that the language in the City Charter is clear and that they should be given the petition. Mayor Turner departed the Council Meeting at 5:00 p.m. Minutes Regular Council Meeting July 26, 1988 Page 18 Mayor Pro Tem Strong referred to the Building Inspections Task Force, noting that Bob Jenkins, who represents the Associated Builders Contractors, has resigned and the ABC has appointed Jerry King in his place. Mrs. Strong noted that Warren Shaw, representing the Mechanical Advisory Committee for the City, has resigned and another appointment is needed to replace him; she noted that they will be meeting next week; and she recommended that they be allowed to choose someone to replace him. She requested that the City Secretary's office send a letter to the Task Force asking them to replace Mr. Shaw on the the Building Inspections Task Force. Mrs. Strong reported that she has heard from three members of the Mechanical Advisory Committee that since their name has been changed, they have had a reduction in power. She offered a brief explanation of their concerns, noting that the committee is unhappy with the Council and the staff. Discussion followed on this matter, and Assistant City Manager Elizondo noted that the committee did not like the name change, and he emphasized that the code that they are responsible for enforcing has not been changed, and their rights and privileges remain intact. He noted that the staff will work with them to resolve the concerns. Council Member Rhodes expressed concern about the cat -trapping; she requested a report on this item; and that the matter be placed on the agenda. Council Member Guerrero concurred with Mrs. Rhodes. Mrs. Rhodes inquired about the regulations for the Watergarden, and Assistant City Manager Hennings reported that the signs are up; engineering has designed the grating; but the Foundation has not yet instructed the contractor to install it. Mrs. Rhodes expressed concern, noting that the grate needs to be put in immediately. Mayor Pro Tem Strong referred to a hot dog vendor at the Watergarden inquiring if he had a permit, and Assistant City Manager Hennings replied he will check the matter out, noting that it is the feeling of the advisory committee that there be activity at the Watergarden including vendors. Council Member Pruet inquired about the status of his recommendation pertaining to the dates of Council Meetings, and City Manager Garza responded that the Staff would like to implement many of the aspects Mr. Pruet recommended, noting that it would be more appropriate to have the Council Meeting every other week instead of once a month. Discussion followed, and City Manager Garza noted that the Council will receive a report on this matter within the next two or three weeks. There being no further business to come before the Council, a motion was made by Council Member Slavik to adjourn the Council Meeting at 5:19 p.m. seconded by Council Member Pruet and passed unanimously by those present and voting on July 26, 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 26, 1988 which were approved by the City Council on August 2, 1988. WITNESSETH MY HAND AND SEAL, this the !Li- day of / 9d'r Armando Chapa, City Scretary City of Corpus Christi etty Turne , MAYOR