Loading...
HomeMy WebLinkAboutMinutes City Council - 09/06/1988PRESENT 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 6, 1988 HAAS JUNIOR HIGH SCHOOL 6:30 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Turner called the meeting to order in the cafeteria at Haas Junior High School. The Mayor and Council Members introduced themselves to the audience, and Mayor Turner recognized members of the City staff. The invocation was delivered by Pastor Milton Muehlberger of Abiding Savior Lutheran Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Slavik. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of August 30, 1988, and there being no additions or corrections, she proclaimed them approved as written. Mayor Turner recognized Ms. Simonne Dyer, Chief Administrative Officer of the Mercy Hospital Ship, "Anastasia." Ms. Dyer invited the Council and audience to tour the ship which is docked in the Port of Corpus Christi. Mayor Turner presented Ms. Dyer with a Proclamation designating September 6, 1988 as "Mercy Ship Day." Mayor Turner recognized Ms. Sandy Young, a member of the Corpus Christi Skiers Club who stated that the club will be having a Kickoff on September 17 at the Pharaoh Valley Country Club. Mayor Turner presented Ms. Young with a Proclamation designating the week of September 13 — 20 as "Corpus Christi Skiers Week." r MICROFILMED lutes ..egular Council Meeting September 6, 1988 Page 2 Mr. Tom Henderson, Chairman of the Museum Advisory Committee, and Mr. Rick Stryker, Museum Director, offered a presentation on the expansion of the Museum. They displayed graphs of the proposed addition, noting that the shipwreck collection will be the premier exhibit, along with a U.S. Naval aviation training history exhibit, a changing exhibit gallery and an auditorium available for public use. Mr. Henderson noted that the Friends of the Museum are heading a major fund-raising effort to raise $2 million in private sector support for the Museum, indicating that $1 million will be used to provide exhibits and furnishings for the new wing. Mr. Henderson invited the Council to an Open House on September 8 for a behind the scenes tour of the museum and presented the Council with a "Discovery Campaign" brochure. Mr. Gary Bushell, President of the Corpus Christi Area Economic Development Corporation, and Mr. Ed Bee, Vice President, gave a presentation on a Tax Incentive Proposal, noting that the Corporation has voted to recommend to the area's taxing entities a temporary tax abatement program for certain types of capital intensive industry. Mr. Bee briefly elaborated on a summary of the incentive programs in other Texas communities, as well as a more detailed description of the proposed abatement formula for Nueces County and the City of Corpus Christi. Mr. Bee acknowledged Mr. Berney Seal, a representative of the Economic Development Corporation, who pointed out that this program is something the City has needed in order to compete with other towns throughout Texas and the nation. and he urged the Council to accept the proposal. Mr. Bushell indicated that a set of guidelines needs to be adopted, noting that the Corporation is working with the City staff and the proposed guidelines will be brought to the Council in about two weeks for approval. After some discussion, Council Member Rhodes inquired if this proposal has been approved by staff, and City Manager Garza replied that the staff has not yet reviewed the proposal, but will provide a recommendation to the Council by September 20. Mrs. Rhodes requested that the staff provide a statement to the Council regarding the effect this would have on the rest of the City and the people who are currently paying property taxes. Council Member Pruet pointed out that some good legitimate prospects have decided not to locate in Corpus Christi because of a lack of such a proposal, indicating that the City needs to adopt some kind of incentive policy which will attract industries, and Council Member Berlanga concurred. In answer to a question from Council Member Pruet, Mr. Bushell stated that it is within the taxing entity's authority to draw up the guidelines to exclude or include certain types of economic activities, noting that the Corporation would very much like to have all the taxing entities within Nueces County to have the same set of guidelines. Mr. Bushell indicated that this presentation will be made to the Corpus Christi Independent School District, the Del Mar Board and other school districts. utes regular Council Meeting September 6, 1988 Page 3 Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: Airport Advisory Committee Ambulance Advisory Council Irving Dietz Dr. David Gray Landmark Commission Planning Commission Mary Whitmire Ro Wickham Park Recreation Advisory Committee Toby Shor Oshman - Reappointed Xavier Perez - II Vic Menard - Reinstated Wanda Garcia Susan Taft David Noyola Charles Blum - ex -officio member Dr. W. H. Colson - ex -officio member Council Member Rhodes asked for a report on whether the Intergovernmental Commission on Drug and Alcohol Abuse is active or not. * * * * * * * * * * * * * Mayor Turner called for approval of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings, and Council Members requested that Items 1, 3, 5 and 12 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 2. ORDINANCE NO. 20445 CLOSING AND ABANDONING A 20 -FOOT WIDE BY 200 -FOOT LONG UTILITY EASEMENT WITHIN LOT 2, LAWNVIEW ANNEX, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 4. SECOND READING CHANGING THE NAME OF HILLTOP ROAD TO CLIFF CRENSHAW STREET. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." T I lutes Kegular Council Meeting September 6, 1988 Page 4 6. SECOND READING AMENDING SUBSECTION (J) OF SECTION 6-100F THE CODE OF ORDINANCES RELATING TO REDUCED LICENSE FEES DURING PET HEALTH CAMPAIGNS. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 7. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, BY ADDING A NEW SECTION 53-106 TO ESTABLISH PROCEDURES AND REQUIREMENTS RELATING TO OVERSIZED VEHICLES UTILIZING CITY STREETS; REQUIRING A PERMIT; ESTABLISHING AN APPLICATION FEE; 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." 8. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 49, STREETS AND SIDEWALKS, SECTIONS 49-15 AND 49-16, TO INCREASE THE PERMIT APPLICATION FEES FOR TEMPORARY STREET CLOSURES AND TO ADD A NEW CLASSIFICATION FOR NEIGHBORHOOD EVENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Guerrero and Schwing voting, "No." 9. SECOND READING AMENDING THE MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS, ADOPTED BY SECTION 49-40 OF THE CITY CODE OF ORDINANCES, INCREASING THE DRIVEWAY PERMIT APPLICATION FEE TO $425; 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." 10. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-195, SUBSECTION (1) TO INCREASE THE PERMIT FEE/SERVICE CHARGE FOR OCCUPYING PUBLIC RIGHT-OF-WAY DURING CONSTRUCTION OR REPAIR OF BUILDINGS TO $80 FOR USE OF PARKING LANES AND LOADING ZONES AND $90 FOR USE OF TRAFFIC LANES, SIDEWALKS AND ALLEYS; AND PROVIDING FOR PUBLICATION. utes negular Council Meeting September 6, 1988 Page 5 The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 11. ORDINANCE NO. 20447 AUTHORIZING THE EXECUTION OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CORPUS CHRISTI PETROCHEMICAL COMPANY; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 13. ORDINANCE NO. 20449 AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL LEAGUE FOR THE USE OF A 4.23 ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR CONDUCTING A GIRLS KICKBALL PROGRAM. The foregoing Ordinance passed on third reading by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." With reference to Item No. 1 pertaining to the 1991 Pepsi Games of Texas, Ms. Martha Elliott, 6701 Sahara, recommended approval of this item, noting that this is a fantastic opportunity for the City to welcome residents from all over the state. In answer to a question from Council Member Moss in reference to Item No. 3 pertaining to the execution of the Center for Hispanic Arts Contract and Lease Agreement, Assistant City Manager Elizondo declared that in regard to the $500,000 which was allocated, $100,000 was spent for land acquisition and there is $400,000 remaining. He indicated that $360,000 is scheduled for construction, $40,000 is for the architect, and the Center is lacking about $223,000 for Phase II. Council Member Slavik indicated that the Center will be responsible for taking care of the building and the grounds, and she inquired if they will pay the utilities and their operating expenses, and Mr. Elizondo replied in the affirmative. With reference to Item No. 5 pertaining to Health Permit Fees, Council Member Berlanga inquired if the fees include meat processors, and Assistant City Manager Hennings noted that these fees pertain to food establishments, noting that the staff will look into the matter in regard to meat processors. City Secretary Chapa polled the Council for their votes and the following were passed: ates Regular Council Meeting September 6, 1988 Page 6 1. RESOLUTION NO. 20444 EXPRESSING THE CITY'S DESIRE TO HOST THE 1991 PEPSI GAMES OF TEXAS AS SANCTIONED BY THE TEXAS AMATEUR ATHLETIC FEDERATION. The foregoing Resolution passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 3. ORDINANCE NO. 20445 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE CENTER FOR HISPANIC ARTS (CHA) FOR THE CONSTRUCTION OF A FACILITY TO BE USED FOR THE CREATION OF AN HISPANIC ART AND CULTURE CENTER AND ENTERING INTO A LEASE AGREEMENT WITH CHA; APPROPRIATING $398,620 FROM THE NO. 162 FEDERAL STATE GRANT FUND; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye." 5. SECOND READING AMENDING THE CITY CODE, CHAPTER 19 19-33, ISSUANCE; FEE, PARAGRAPH (B) FOR PUBLICATION. The foregoing Ordinance passed on Turner, Strong, Berlanga, Guerrero, voting, "Aye." 12. ORDINANCE NO. 20448 , FOOD AND FOOD ESTABLISHMENTS, SECTION ; PROVIDING FOR SEVERANCE; AND PROVIDING second reading by the following vote: Moss, Pruet, Rhodes, Schwing and Slavik AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-11, CURFEW; ALCOHOLIC BEVERAGES, SUBSECTIONS (A) AND (B); 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, Schwing and Slavik voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 14 pertaining to the proposed Southside Wastewater Treatment Plant Site Selection Study. In reference to this item, Assistant City Manager Jesus Garza presented some background information, noting that the Study offers major proposals for wastewater improvements, indicating that the staff's recommendation for acceptance of the study involves three actions. Mr. Garza noted that first, it endorses Brown & Caldwell -Freese & Nichols' selection of Site 2 as the most feasible location for the future Southside Plant. He noted T TT- Lutes ..egular Council Meeting September 6, 1988 Page 7 that secondly, based on the consultant's evaluation of current and projected demand, modifications to the Oso Wastewater Treatment Plant are recommended in accordance with Alternative 6 originally proposed in the 1986 Master Plan Study, noting that these modifications involve increasing the Oso Plant capacity from 16.2 MGD to 23 MGD. Mr. Garza noted that the Site Selection Study indicates that the City must initiate plans for Oso Plant modifications during 1989 in order to remain within permit compliance. He stated finally, that the staff recommends amendment of the Wastewater Master Plan to adopt Site 2 and the Oso Plant modifications. Mr. Garza noted that the recommendation does not address the collection system, noting that will be addressed at a later date. Mr. Tony Reid, President of Brown and Caldwell/Freese and Nichols, Inc., presented background information on the study, elaborating on economic information which was furnished to the Council and referring to a chart which made comparisons between the four sites originally considered, specifically as to cost items and other pertinent information. Mr. Joe King, Project Manager of the consulting firm, briefly outlined the construction costs in reference to the 9 MGD Treatment Plant in comparison of the different sites using various factors. Discussion followed and Council Member Pruet noted that if 80 percent of the acreage to be served by the new plant is located on the south side of the Oso, he does not understand why locating it on the north side of the Oso would be more beneficial in the long run, and Mr. Reid declared that 80 percent of the future growth on the Southside would occur on the north side of Oso Creek. Ms. Susan Andrews affiliated with the consulting firm briefly reviewed the archeological process in identifying and assessing the sites. In answer to a question from Mayor Turner regarding the time frame for the project, Assistant City Manager Jesus Garza indicated that in November, the City is scheduled to sell the bonds, noting that if there is no condemnation and the City can acquire the property outright, the City will have all the parcels put together by the summer of next year. City Manager Garza indicated that the City has not made provisions to finance the construction of the facility, noting that before the City can proceed to construction, there will be a major bond sale to finance the construction. Mr. Jim Howry, President of Pharaoh Valley Association, read from a prepared statement, noting that the Association is opposed to the expansion of the Oso beyond the 16.2 MGD but supports the consultant's suggestion for the site of the new plant. Ms. Mary Davis, 6709 Sahara Drive, expressed the opinion that the land should be purchased and the new plant built, noting that she is in opposition to the Oso plant expansion. lutes ..egular Council Meeting September 6, 1988 Page 8 Mr. John Talbot, representative of the Pharaoh Valley Neighborhood Association, spoke in support of site no. 2 and in opposition to increasing the Oso plant. Ms. Martha Elliott, 6701 Sahara, spoke in support of the Consultant's report and in opposition to the expansion of the Oso plant. Ms. Mamie Medlin, 1242 Sandpiper, read a letter from the Coastal Bend Sahara Club, urging the Council to approve the site selection recommended by the consultants. Mr. Joe Roper, 1008 Delta, spoke in opposition to the enlargement of the OSO plant. Mr. Jim Allen, 3317 Tahiti, spoke in support of the consultant's recommendation of the site. Mr. Philip Cockrill, 2101 Yorktown, indicated that no one wants a waste water treatment plant in their backyard, noting that he is opposed to turning the Oso Creek into an open sewer. Dr. Dorothy McClellan, 2217 Richland Drive, Flour Bluff, urged the Council to act cautiously in making the decision, indicating that residents in Flour Bluff would like the Barney Davis site to be selected. Mr. Bruce Hoffman spoke in opposition to the proposed site, indicating that the site should be further west. Ms. Peggy Hayes, a representative of the Corpus Christi Board of Realtors, requested a postponement of the second reading of the ordinance, noting that the Board would like more time to study information pertaining to the various sites. Mr. Earl Pace, a resident who lives across from the proposed site, spoke in opposition to the proposed site, noting that the Ring Ranch site is a more logical site. Ms. Marie Spear, 9320 South Padre Island Drive, expressed concern about the effect the plant would have on the residents in Flour Bluff and suggested that the plant should be south of the Oso Creek. Mr. Claude D'Unger, a member of the Nueces County Historical Commission, referred to the archeological significance of the proposed site, indicating that the permits and studies which would be required would greatly increase the costs and lengthen the time frame. Ms. Abbey Saenz, 512 Cape Ann, spoke in opposition to the expansion of the Oso Plant. r utes ..egular Council Meeting September 6, 1988 Page 9 Mayor Turner referred to the concerns of the citizens, noting that the method of increasing the capacity of the Oso has not been clearly defined and inquired if some of the concerns could be resolved, and City Manager Garza responded by stating that this is a financial decision of the City and which would be the most economical way to treat the City's wastewater. Mr. Garza continued by stating that the estimates were $4 million to expand or modify the Oso and the question is where the City will get the $18 million to build the new plant, noting that the City does not presently have the capacity under the present tax rate structure and the present tax base to finance $18 million next year. Mr. Garza indicated that an alternative would be to finance the wastewater plant with revenue bonds and finance the bond issue from a rate increase in the wastewater fund. Mr. Garza continued by stating that the City must address the odor problem at the Oso, indicating that he does not know what the modifications would cost. Mr. William Moody, 909 Pyramid, commented briefly on the consultant's recommendation to modify the Oso to bring it into compliance. Mr. Moody indicated that the modifications have been approved but have not been started. City Manager Garza indicated that the City needs to move forward with the recommendations which have been made, noting that answers will be provided to the citizens who have raised questions. City Secretary Chapa polled the Council for their votes and the following Ordinance passed on second reading. 14. SECOND READING ACCEPTING THE SITE SELECTION STUDY REPORT FOR THE PROPOSED SOUTHSIDE WASTEWATER TREATMENT PLANT AS PREPARED BY BROWN AND CALDWELL-FREESE AND NICHOLS, INC., AND AMENDING THE WASTEWATER MASTER PLAN TO ADOPT THE RECOMMENDED SITE. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Berlanga, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero and Pruet voting, "No." * * * * * * * * * * * * * Mayor Turner opened the public hearing on changing the name of the 800 block of Woodlawn Drive to Cleopatra Drive. Mr. Don Joiner, 829 Woodlawn, offered a brief explanation of the reason for the name change, noting that a petition was circulated to the residents of the block of the street in question, and there were no objections. utes ,.egular Council Meeting September 6, 1988 Page 10 Discussion followed on the street name change, and there were no objections from the Council Members. A motion was made by Council Member Pruet to close the public hearing; seconded by Mayor Pro Tem Schwing and passed unanimously; Guerrero absent at the time the vote was taken. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading: 15. FIRST READING CHANGING THE NAME OF THE 800 BLOCK OF WOODLAWN DRIVE TO CLEOPATRA DRIVE. The foregoing Ordinance was passed on first reading by the following vote: Turner, Strong, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, and City Manager Garza reminded the Council that the Council Meeting next week has been cancelled, noting that several Council Members will be going to San Antonio for the NLC Meeting and to Washington for the CC to DC trip. Council Member Pruet briefed the Council Members on the status of the Tourism Task Force, indicating that the Task Force had three charges, 1. funding, 2. organization, and 3. makeup of the Board. Mr. Pruet noted that the Task Force has reached a tentative agreement on a funding proposal which they will bring forward within the next 30 to 45 days, indicating that on September 20 a report will be presented to the Council on a proposed revision to the makeup of the Board. Mr. Pruet continued by stating that he presented the report to the Tourist Bureau and briefed them on the status of the Task Force. He noted that the Board had a number of questions about the Bureau's future and the length of time it would be before the Council could take any action on the recommendations of the Task Force. Council Member Berlanga indicated that the Board should not have received the report until it had been presented to the Council and expressed the opinion that Mr. Pruet prematurely presented it to the Bureau. Mr. Berlanga indicated that the Council should be in full control of the Bureau, indicating that the Council should have the authority to select the people they want. Mr. Berlanga made a motion to revoke the Tourist Bureau contract and bring the Bureau under the jurisdiction of the City. Utes regular Council Meeting September 6, 1988 Page 11 City Manager Garza pointed out that the matter is not on the agenda for Council action, indicating that the present contract has a cancellation clause in it. Council Member Guerrero asked Council Member Berlanga to withdraw his motion, indicating that he supports Mr. Berlanga's intentions. Mr. Guerrero noted that the Tourist Bureau's future is favorable, but the future of the Board is not so favorable. Mr. Guerrero stated that there are other considerations, noting that at the time the Council made the motion during the budget hearing, the entire funding of the Board was contingent on various points and issues, and that those points and issues should be reviewed by the Council. Council Member Berlanga indicated that he is flexible and wants to do what is in the best interest of the Council and the citizens. Mr. Berlanga noted that he will withdraw his motion under the following conditions: 1. that the Council select the members of the Board, and 2. that the new Board should select the Director. Council Member Schwing noted that the only recommendation which the Task Force will present to the Council on September 20 is cutting the 31 -member Board and making sure that the Board is representative of the community, noting that this is subject to Council ratification. Mr. Schwing briefly outlined the recommendation to the Council of the proposed Board appointees, indicating that the Mayor and City Manager should both be voting members of the Board. After substantial discussion regarding this matter, various Council Members expressed concern regarding the resignation of Chris Davis from the Bureau and the manner in which the appointment of Robert Earley was handled. Council Member Berlanga withdrew his motion, subject to conditions outlined above. Council Member Guerrero inquired about the City's commitment to the Harbor Playhouse, and Assistant City Manager Hennings replied that it is $25,000. Mr. Guerrero indicated that there is a problem in which certain members of the Bilingual Theatre were treated by people connected with the Harbor Playhouse. Mr. Guerrero declared that he would like this issue resolved and requested that a report be provided to the Council. Mr. Guerrero noted that there is no ordinance regarding street ministry in connection with the people who will be working at Bayfest, expressing the opinion that their purpose is to catch the crowd going in and out, merely to pass out literature. -r .utes Regular Council Meeting September 6, 1988 Page 12 Mr. Irving Dietz, 455 Miramar, spoke in reference to the Convention and Visitor's Bureau matter and referred to a statement made by Mr. Steve DeWalt, Chairman of the Board, stating that the Council reneged on a commitment made in 1987. Mr. Dietz stated that he had checked the records in the City Secretary's Office, and there is nothing in writing that committed the City to a certain amount of funding for two years, and in fact, the funding for last year was dependent upon the sale of the Shoreline Tourist Building and if the hotel -motel tax generated more funding last year. He reiterated that there is no evidence that the Council made a commitment for two years, and he questioned if a Council could make such a commitment for more than one year. Mr. Joe Rosenberg, Director of the Bilingual Theatre, referred to remarks made by Mr. Guerrero and explained that his company has no place to rehearse because they are required to pay the expenses for rehearsals at the Harbor Playhouse. Mayor Turner suggested that he consider checking with some of the schools to see if they have space for rehearsals and informed Mr. Rosenberg that she would be glad to send a letter to the School District from her office requesting such space. Mrs. Marie Spear questioned the requirement that participants pay to rehearse at Harbor Playhouse, and Assistant City Manager Hennings explained that the City's contract with the Playhouse allows them to charge for use of the facility to recover costs. Mr. Randy Lynch, Century 21, Lynch & Associates, referred to a letter he had sent to the Council concerning an alleged "conflict of interest" involving the City's proposed acquisition of a tract of land offered for sale by his real estate firm. He stated that the letter was designed to serve as his letter of resignation from the Planning Commission, but questioned the ruling made on this subject pertaining to the Code of Ethics and Conflict of Interest. He pointed out that his position as a member of the Planning Commission was totally unrelated to the sale of the property and, in his opinion, the interpretation of the ordinance on this subject was too restrictive. He also expressed concern that he was reappointed to the Planning Commission, even though several Council Members and senior administrative staff members were aware of the situation. Mayor Turner expressed appreciation to Mr. Lynch for his dedicated service on the Planning Commission and indicated that she felt that the ordinance should be discussed by the Council. Mr. John Fisher, President of the Northwest Business Association, also expressed concern on behalf of that organization about the policies that created this incident; expressed support for Mr. Lynch; and pointed out that such events might clearly send a message to qualified people who might otherwise be willing to serve on City boards and commissions. He urged that this policy be reviewed. :utes ..egular Council Meeting September 6, 1988 Page 13 Council Member Schwing expressed the opinion to choose between earning a living and serving understood that this subject will be discussed on Council Member Rhodes stated that her recommendations on the Code of Ethics ready by suggested that the report should be reviewed by discussion by the Council. that Mr. Lynch has been forced his City. He stated that he September 20. committee will have their that time, and Mayor Turner the Legal Department prior to Mayor Turner referred to the executive session scheduled, and City Manager Garza stated that there is no necessity for it at this time. There being no further business to come before the Council, Mayor Turner declared the Regular Council Meeting adjourned at 10:00 p.m., September 6, 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 September 6, 1988 which were approved by the City Council on September 20, 1988. WITNESSETH MY HAND AND SEAL, this the dayof Ar r 19 i . $etty Turnkr, MAYOR Armando Chapa, City Secretary City of Corpus Christi