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HomeMy WebLinkAboutMinutes City Council - 01/17/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 17, 1989 11:30 a.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chambers of City Hall. 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 announced the bid opening on the sale of $16,000,000 in General Improvement Bonds. Mr. Jorge Garza, Director of Finance, informed the Council that the City had retained the ratings they previously held in that Moody's designated the rating of AA- and Standard and Poor's retained the A-1 rating. He also stated that for the first time, the City allowed the bidders to insure the bonds if they cared to do so. Mr. Garza then opened bids from the following financial institutions: Shearson Lehman Hutton, Inc.; Marine Midland Capital Markets Corp.; Merrill Lynch Capital Markets, Dean Witter Reynolds, Inc., Drexel Burnham Lambert, Inc. & Associates; MBank Capital Markets; Citicorp Securities Markets, Inc.; Morgan Stanley & Co., Inc.; NCNB Texas & Associates; Kidder, Peabody & Co., Inc.; Chemical Securities, Inc.; and Clayton Brown & Associates, Inc. Council Member Pruet inquired about the significance of insuring the bonds, noting that several of the bidders did not elect to do so. City Manager Juan Garza stated that insuring will allow the companies to market the bonds easier, and Mr. Jim Seal of M. E. Allison Company further MICROFILMED inutes Regular Council Meeting January 17, 1989 Page 2 explained that if the City's ratings should decrease, the interest rate would remain the same. In response to another question, Mr. Garza stated that the bonds will be marketed immediately and it is anticipated that the closing will occur in 30 days. The invocation was delivered by Chaplin Medicus Renz, Director of Pastor Services at Memorial Medical Center, 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 January 10, 1989, and there being no corrections or additions, she proclaimed them approved as presented. Mayor Turner recessed the Regular Council Meeting at 11:50 a.m. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. and called for consideration of Item No. 1 Approving the Form and Use of the Official Statement for the Sale of $16 Million of Bonds. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 1. RESOLUTION NO. 20561 APPROVING THE FORM OF THE OFFICIAL STATEMENT, NOTICE OF SALE AND OFFICIAL BID FORM PERTAINING TO CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1989, AND AUTHORIZING, RATIFYING AND APPROVING THE OFFICIAL STATEMENT AND THE USE THEREOF IN THE OFFERING AND SALE OF SAID BONDS, AND DECLARING AN EMERGENCY. The foregoing Resolution passed by the following vote: Turner, Guerrero, Moss, Rhodes and Strong voting, "Aye"; Schwing, Berlanga, Pruet and Slavik absent at the time the vote was taken. Council Member Strong made a motion to declare an emergency for the following Ordinance to be passed. The motion was seconded by Council Member Rhodes and passed unanimously by those present and voting; Berlanga and Slavik absent at the time the vote was taken. Mr. Jeff Leuschell, Bond Counsel for McCall, Parkhurst and Horton, stated that the City has accepted the bid of Kidder, Peabody & Co. and the interest rates reflected in that bid. Mr. Leuschell stated that the award of the sale of the bonds to Kidder Peabody will be added to the ordinance and considered part of that vote so that the bid form and the purchaser is incorporated. :es .t. _,lar Council Meeting January 17, 1989 Page 3 City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 2. ORDINANCE NO. 20562 PROVIDING FOR THE ISSUANCE OF $16,000,000.00 GENERAL IMPROVEMENT BONDS, SERIES 1989, OF THE CITY OF CORPUS CHRISTI, TEXAS, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: DECLARING AN EMERGENCY; AND ALL OTHER MATTERS RELATED THERETO. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Schwing, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga, and Slavik absent at the time the vote was taken. * * * * * * * * * * * * * * Mayor Turner acknowledged Mr. Ken Krenek, a representative of the Tree Awareness Committee, who commented on a "Big Tree Contest" which will be conducted to locate the largest trees in Nueces County. Mayor Turner presented Mr. Krenek with a Proclamation designating January 20, 1989 as "Arbor Day." Victor Medina, Public Utilities Director, introduced Mr. Russ Graham, Technical Director, and other representatives of the Hoechst Celanese Corpus Christi Technical Center, and noted that the Hoechst Celanese Company recently completed work on a $6 million wastewater pretreatment plant. Mr. Graham began his presentation by informing the Council about the Hoechst Celanese Corporation and the Corpus Christi Technical Center. Mr. Graham then offered a report on the Wastewater Pre -Treatment Plant. Mayor Turner recognized Mr. Toby Darden, Co-founder of the Ultimate Yacht Race, who updated the Council on the Ultimate Yacht Race's plans for 1989 and expressed appreciation to the people who helped make last year's event possible. Mr. Darden introduced Ms. Ivanee Farr, designer of the Corpus Christi trophies for the Ultimate Yacht Race, and Mr. Carl Little, President of the Corpus Christi Executive Association, who sponsored the trophies, which were presented to Mayor Betty Turner. Mayor Turner presented Council Member Guerrero with a Certificate of Commendation for his service as Mayor Pro Tem and welcomed the new Mayor Pro Tem Frank Schwing. * * * * * * * * * * * * * Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: nutes .egular Council Meeting January 17, 1989 Page 4 Corpus Christi Area Economic Development Corp. Port of CC Authority A. C. Johnson Joe Fulton - Reappointed Private Industry Council Curtis Dyer * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 3 thru 12, and City Manager Garza withdrew Item No. 4 and Council Members and a member of the audience requested that Items 4, 6, 7, 8 and 11 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: 3. M89-0019 Motion approving a contract to refurbish an ambulance for the EMS Department with Eagle Emergency Equipment, Inc., for the amount of $28,560 based on low bid. This item is included in the 1988-89 Capital Outlay Budget. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 5. M89-0020 Motion authorizing execution of a professional services agreement with R. Emerson Harris for safety representative services on Federal Aviation Administration Grant Projects No. AIP 3-48-0051-09 and 3-48-0051-11 at Corpus Christi International Airport, at a cost not to exceed $20,000, with 90%, or $18,000, to be reimbursed by the Federal Aviation Administration, resulting in a maximum amount payable from City funds of $2,000. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 9. M89-0024 Motion approving the purchase of a tract 2, and 3, Beach Addition, consisting of subject to survey, for $3,000 from the Company. of land out of Block 88, Lots 1, approximately 6,251 square feet, Southern Pacific Transportation inutes Regular Council Meeting January 17, 1989 Page 5 The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 10. RESOLUTION NO. 20563 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEMS WITHIN CORPUS CHRISTI. The foregoing Resolution passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 12. ORDINANCE NO. 20565 AMENDING ORDINANCE NO. 20139 PASSED AND APPROVED ON DECEMBER 29, 1989, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST THE OWNERS OF PROPERTY ABUTTING ON THE FOLLOWING STREETS: Weber Road (F.M. 43) - Weber Road, from Oso Creek Bridge to Saratoga Boulevard AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * In reference to Item No. 4 relative to approving a Supply Agreement for Personal Computers, Mr. Don Beattie, a representative of RCC, inquired about the withdrawal of Item 4 and asked when it will be back on the agenda, and City Manager Garza indicated that Mr. Beattie's company has raised some objections regarding the bidder the City recommends and there were some problems with the recommended bidder regarding statements which were made publicly. Mr. Garza indicated that the item will not be brought back, noting that in the future it will be brought back on a per application basis. Mr. Beattie indicated that his firm wants to present an analysis to the Council and stated that according to the staff's analysis, their bid was responsive. He stated that they devoted a substantial amount of time and money in the preparation of the bid and want to see it go forward. City Manager Garza indicated that he has informed the bidders and will go over the entire project with them. He indicated that there has to be a better way of specifying computer equipment where there will be no argument as to who the clear winner is. Mr. Garza indicated that there was a pre-bid conference and briefly offered an explanation of the entire situation. Mr. Garza stated that he has spoken to Mr. Rojas and there are reasons why he was not recommeded. Mr. Garza indicated that he will meet with Mr. Rojas to work out the problems. .inutes Regular Council Meeting January 17, 1989 Page 6 Council Member doing business with why local companies how much trouble it hopes that the City eliminate that kind Pruet stated that the issue of the difficulty of bidding or the City keeps arising and this is part of the explanation do not bid. He stated that only out-of-towners do not know is to do business with the City. Mr. Pruet stated that he Manager will accomplish the restructuring of this item to of problem. Mayor Pro Tem Schwing requested to see the analysis on the paperwork the staff used to recommend the best bid, and Mayor Turner requested a copy of the bid specifications. Relative to Item No. 6 on the Fire Station No. 1 Relocation, Council Member Moss inquired that of the total project what percentage the $50,000 would represent as the architectural fees, and Assistant City Manager Jesus Garza stated that it is a standard scale; the construction estimate is $800,000; and it would be the percentage of $50,000 to $800,000. Pertaining to Item No. 7 relative to the Agnes Street Improvements - Port Avenue to Airport Road, Council Member Moss inquired when the job will go out for bid and when it will be completed, and Assistant City Manager Jesus Garza indicated that the design is essentially complete; and he will provide the Council with a complete schedule. Relative to Item No. 8 on the City Hall Land Acquisition project Parcel 3, Council Member Slavik expressed the opinion that the price is too high and much higher than other land in the area the City paid for. Mrs. Slavik indicated that there is quite a bit of difference in the price per square foot than about fifteen months ago, and City Manager Garza indicated it is somewhat higher by about $50,000. Mr. Garza explained the entire project and stated that this portion completes the project. He indicated that the City is in a very difficult negotiating situation and he recommended going ahead with the acquisition. Mr. Garza indicated that the City did try to strike a better bargain than $125,000. Mrs. Slavik inquired if it is legal to take money for the acquisition out of the water fund, and City Manager Garza replied in the affirmative. He stated that the reasoning for financing the acquisition from the utility funds is that the utility funds had not participated in the construction of the building. Mr. Garza explained the logic of including them as a member of the cost of the City Hall. Council Member Slavik indicated that the City should not dip into the water fund and suggested lowering the water rates, and City Manager Garza stated that he does not recommend using utility funds for land acquisition otherwise then specifically for the use by the utilities. Mr. Garza stated that this was a project which was started a long time ago; there is no other source to complete the acquisition; and that the use of the public utility funds needs to be directly related to the services they provide. -T" r inutes Regular Council Meeting January 17, 1989 Page 7 Council Member Rhodes indicated that the City needs to buy that piece of property and it will not get any cheaper. She stated that the City owns all the rest of the land and it does not make sense not to buy it. Council Member Guerrero suggested that the when the City will begin reducing and rolling Manager Garza indicated that the Council will relative to the rates. Mr. Garza elaborated on originally raised. Council be presented a plan for back the water rates, and City be provided a detailed report the reasons why the rates were Mr. J. E. O'Brien, 4130 Pompano, stated that in his opinion the reasoning behind utilizing utility funds for the purchase of this land is pretty weak. He asked if staff has plans to build an office building for the water department on Holly Road, and City Manager Garza replied that staff is in the process of designing the water administration building which would be built in the City service center. Mr. O'Brien indicated that he preferred to see utility funds used strictly for utilities and not to purchase a piece of property. Relative to Item No. 11 pertaining to the execution of an agreement with 4UCC and the Chamber of Commerce designating Mayor Emeritus Luther Jones as the representative to the 71st Legislature for issues affecting opportunities for higher education in South Texas, Mayor Turner inquired if funds were budgeted for this item, and City Manager Garza responded by stating that there was no money set aside for this project in the budget and that it could be taken from the Reserve Appropriations Fund. Mr. Garza presented a letter from Mr. Lloy Neal, Vice Chairman of the Board for Governmental Affairs of the Corpus Christi Chamber of Commerce, in support of Item No. 11. Council Member Slavik inquired if Assistant City Manager Tom Utter will be sharing the condominium in Austin with Luther Jones, and City Manager Garza indicated that the intent had been that the City, the Chamber and 4UCC would rent an apartment or condominium in an attempt to lower the housing costs when attending the legislative sessions in Austin. He indicated that idea has not worked out and the three separate entities will probably rent a hotel room. Mr. Garza indicated that if the City signs a lease for a condominium or apartment, the other entities will go along. A motion was made by Council Member Pruet to apartment in Austin for lobbying efforts. The motion Member Moss and passed unanimously; Slavik abstaining. lease a condominum or was seconded by Council City Secretary Chapa polled the Council for their votes and the following were passed: 4. Withdrawn r inutes Regular Council Meeting January 17, 1989 Page 8 Mef#en-eppev#ng-e- oupply- rt-4rom- .e.,.s.,.. .e. -w4t t-1-BP4-€er-en est#meted-annual--ettpen.ti-t -e€42401-4941---The- _ -t} -eaAtreee-akall ke--twelve--menthe -crit-h egE#ea-to- � gent -€ems- ar-add#-t#eeel-tire#, -menthe sebieet -te -the -epprevel -ef -the -seller -end -the -Gley -Manager -er -deolgneey 6. M89-0021 Motion approving an agreement for architectural services with Jesus A. Leija, AIA Associates, Inc. including design services, preparation of plans and specifications, and services through the construction phase for the Fire Station No. 1 Relocation for a fixed fee of $50,000. The foregoing motion passed by the following vote: Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 7. M89-0022 Motion approving Amendment No. 2 to engineering services contract with Maverick Engineering Company for the Agnes Street Improvements from Port Avenue to Airport Road to separate the storm drainage outfall along Port Avenue from the remainder of the project and to authorize compensation for revisions to the plans and specifications. Turner, Schwing, The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8. M89-0023 Motion authorizing acquisition of Parcel 3 located on Leopard Street between Josephine and Sam Rankin Streets in the amount of $175,000 for the City Hall Land Acquisition project. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 11. RESOLUTION NO. 20564 AUTHORIZING THE EXECUTION OF AN AGREEMENT DESIGNATING MAYOR EMERITUS LUTHER JONES THE REPRESENTATIVE TO THE 71st LEGISLATURE IN MATTERS CONCERNING HIGHER EDUCATION. The foregoing Resolution Berlanga, Guerrero, Moss, * * passed by the following vote: Turner, Schwing, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * Mayor Turner called for consideration of Items 13 thru 24 and Council Members requested that Items 15, 19 and 24 be withheld for discussion. linutes Regular Council Meeting January 17, 1989 Page 9 There were no questions on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 13. ORDINANCE NO. 20566 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: Del Mar College Area Streets - 1. Edwards Street, from Ayers Street to Naples Street, and 2. Naples Street, from Edwards Street to Kosar Street - REOUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 14. ORDINANCE NO. 20567 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Del Mar College Area Streets - 1. Edwards Street, from Ayers Street to Naples Street, and 2. Naples Street, from Edwards Street to Kosar Street; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL DURING THE REGULAR 2:00 P.M. MEETING OF THE CITY COUNCIL ON FEBRUARY 14, 1989, IN THE COUNCIL CHAMBERS, CITY HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 16. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE AGREEMENT WITH THE COUNTRY CLUB ESTATES CIVIC ASSOCIATION TO ALLOW THE INSTALLATION OF THREE ENTRY MARKERS IN THE PUBLIC RIGHTS-OF-WAY OF OAKBROOK, CORAL GABLES, AND SWANSON STREETS. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." .inutes Regular Council Meeting January 17, 1989 Page 10 17. FIRST READING CLOSING AND ABANDONING THE 15 -FOOT WIDE UTILITY EASEMENT IN LOT 2, BLOCK 1, MOORE PLAZA SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 18. SECOND READING CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT IN LOTS 3, 4, AND 26 IN BLOCK 1 OF DEL MAR SUBDIVISION, SUBJECT TO THE PROPERTY BEING REPLATTED AT APPLICANT'S EXPENSE WITHIN 180 DAYS OF THE PASSAGE OF THIS ORDINANCE. The foregoing Ordinance was passed on second reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 20. ORDINANCE NO. 20569 AMENDING THE CITY CODE, CHAPTER 21, ARTICLE II, SOLID WASTE PERMITS, SECTIONS 21-40, 21-41, AND 21-48, BY REPLACING REFERENCE TO DIRECTOR OF INSPECTIONS AND OPERATIONS WITH SANITATION SUPERINTENDENT OR HIS DESIGNEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 21. ORDINANCE NO. 20570 AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. LONNIE KING, DBA KING CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 22. ORDINANCE NO. 20571 AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. JOE EMANUEL AND MR. TOMMIE ROY CAGE, DBA STAR CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS inutes Regular Council Meeting January 17, 1989 Page 11 ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 23. ORDINANCE NO. 20572 AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. JIM FISHER, DBA YELLOW -CHECKER CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * In reference to Item No. 15 relative to the Amendment of Ordinance No. 20490 (Permit Fee Schedule), Council Member Berlanga referred to the $200 administrative fee and stated that this ordinance is being put on hold until it is determined what the requirements will be for a permit. He stated that he does not see why the ordinance needs to be amended. Mr. Berlanga expressed concern because it is the only deterrent which the City has for people not complying with the ordinance. City Manager Garza indicated that the Council voted their intent at the last Council meeting not to enforce the $200 administrative fee. He stated that his concern is that it is still in effect and the staff uses the code to enforce the ordinance. He stated that he felt that the most appropriate thing would be is to hold back on this section of the ordinance and then bring it back and settle it at that time. Council Member Berlanga inquired how long it will take for the decision as to what needs a permit, and Assistant City Manager Elizondo indicated that it will take between 90 to 180 days. Council Member Rhodes stated that staff action is appropriate; there are too many things that the City charges fines for which are not appropriate; and the Council does not have it straight in their minds as to what requires a permit. She indicated that last week the Council voted to put the ordinance on hold and that the only way to give the staff clear direction is to put it on hold. 9inutes Regular Council Meeting January 17, 1989 Page 12 Council Member Guerrero stated that it is wrong to legalize what staff knows is illegal activity and that the safety and welfare of the community is far more important than the organized efforts of certain groups in the City who are in opposition. He concurred with Mr. Berlanga and stated that the Council should vote this proposed ordinance down. Council Member Strong inquired why it will take 180 days to put the information together and expressed concern that a lot of time has passed, and Assistant City Manager Elizondo stated that the process will begin immediately and that it will take that long before the community comes to grips as to what standards they want to live with and how the City will enforce it. Mrs. Strong stated that she hopes that it does not take 180 days and encouraged the staff to try to expedite it. She indicated that she has seen more communication between the concerned parties. Discussion followed and City Manager Garza stated that time is needed to build a consensus; there are two points of view; they are valid; and the City needs to incorporate a way to work with those points of view. He stated that there is one possibility of rescinding the $200 fee and make it effective on a specific date. Council Member Guerrero suggested an amendment to make it thirty days because the staff has been working on this for six months. A motion was made by Mayor Pro Tem Schwing to delay implementation of the $200 administrative fee for ninety days. The motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Slavik and Strong voting, "Aye"; Rhodes and Pruet voting, "No." Mr. Terry Whitmire presented a letter to the Council from the Corpus Christi Air Conditioning/Plumbing Contractors Association in opposition to the amendment of Ordinance No. 20490. He indicated that the people who are in opposition will still oppose it after ninety days. Relative to Item No. 19 on the Alcoholic Beverages in Parks Near Schools, Council Member Rhodes indicated that the support material sent to the Council did not reflect the amendment which was passed last week, and City Secretary Chapa stated that the ordinance will be corrected to reflect the change. Relative to Item No. 24 on the Advisory Members of Boards and Commissions, Council Member Slavik stated that she believed the Council discussed and voted on this item and it was her understanding that the current advisory members who were chairmen were grandfathered in. City Attorney George stated that it was his understanding that the ordinance was prepared for three readings; there was discussion; and the council took action to postpone the third reading of the ordinance for thirty days. City Secretary Chapa indicated that the ordinance had not been amended. linutes Regular Council Meeting January 17, 1989 Page 13 City Secretary Chapa polled the Council for their votes and the following were passed: 15. ORDINANCE NO. 20568 AMENDING THE PERMIT FEE SCHEDULE APPROVED BY ORDINANCE 20490 BY DELETING THE $200 ADMINISTRATIVE FEE IN PARAGRAPHS 5 (A) AND 5 (B); AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance, as amended, was passed by the following vote: Turner, Schwing, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Berlanga, Guerrero voting, "No." 19. SECOND READING AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SEC. 36-11, CURFEW; ALCOHOLIC BEVERAGES, BY AMENDING SUBSECTION (a); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 24. ORDINANCE NO. 20573 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTION 2-67, LIMITATIONS ON APPOINTMENTS, SO AS TO ADOPT A PROHIBITION AGAINST ANY ADVISORY, NON-VOTING MEMBER FROM A BOARD OR COMMISSION FROM SERVING AS AN ELECTED OR APPOINTED OFFICER ON THE BOARD OR COMMISSION TO WHICH SUCH PERSON HAS BEEN APPOINTED; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Rhodes, and Strong voting, "Aye"; Pruet and Slavik voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 25 thru 27. Mayor Turner referred to Item No. 25 relative to the Firemen's Pension Committee and the letter received from Commissioner Helen Campbell. Mrs. Turner suggested that Council Member David Berlanga be appointed to the committee as the representative from the City Council and that Mr. Earl Wilder be appointed to the committee as the retired firefighter representative. The Council indicated concurrence on these appointments. Mr. Earl Wilder, President of the Retired Firefighters and Widows of Texas Inc., presented a letter to the Council and expressed appreciation to them for their attention to this matter. inutes Regular Council Meeting January 17, 1989 Page 14 Mayor Turner requested a list of people who would be eligible for the committee to be appointed by the Council including one member of the local delegation to the Texas Legislature. City Secretary Chapa informed the Council that this resolution will include Council Member Berlanga and Mr. Earl Wilder as representatives of the City. City Manager Garza announced the withdrawal of Item No. 26 relative to the Proposal for the televising of City Council Meetings. Mr. Garza indicated that it is a good proposal and the reason it was pulled from the agenda was because the Cable Communications Advisory Committee requested additional time. Council Member Slavik indicated she did not understand the rush of this item and suggested that it be brought to the Council after the Cable Communications Advisory Committee had met and taken a vote. Relative to Item No. 25 on the approval and adoption of an ordinance establishing new industrial district agreements for those companies, industries, and businesses presently under industrial district agreements and setting the terms of new industrial district agreements from January 1989 to December 31, 1995 and authorizing the City Manager to execute the industrial district agreements, City Manager Garza presented some background information on the industrial district program and noted that after substantial discussion between the Board of Trade and City staff, the City recommends that new contract be executed for a full seven-year agreement. Mr. Garza indicated that the industrial district provides significant economic incentives for industries along the Port, while at the same time providing significant revenues to the City. Mr. Garza commented on the two modifications proposed in the agreements and stated that he recommends this contract because it helps create the jobs the City needs. He stated that the contracts are seven years in duration and it was agreed that this matter will be brought up in the future before the contracts expire to look at some way at moving towards parity. The Mayor and various Council Members expressed their endorsement of this ordinance and City Secretary Chapa polled the Council for their votes and the following were passed: 25. RESOLUTION NO. 20574 ESTABLISHING A FIREMEN'S PENSION ADVISORY COMMITTEE TO STUDY THE EFFECTS OF INFLATION ON PRESENT AND FUTURE RETIREES AND MAKE RECOMMENDATIONS FOR CHANGES IN THE PENSION BENEFITS PLAN AND GOVERNING STATE LEGISLATION. The foregoing Resolution passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 26. Withdrawn finutes Regular Council Meeting January 17, 1989 Page 15 GRANTING-44-41E4r-GABEEVISION--OF-4144 kb--IN6r- ANErNTIMEN4--T4-3'-H£-GARLE TEIAVISIGN--FRANGHIEH--GRIANT - fN--4 14NAMr--NEk--4b -2P2b--449--EX4EN SAID FRANGLAIS£--FGR--FIVE--YEARS--IN--GGNS;DRRATGN--GF--TGF--PRGV4DING--CERTAIN EQUMPM£NTT--GON-TR-I-Eb'-TrrONE -AND- SHRVI{,£S-4E1--S$ ITEGRIF-E}lz-PROGRAMMING--0N--TH£ GGVERNNSNTAL--AB&E£8---G ANN 44--44 ;414 14(3 -4444W IIs ---FGR--VFGIATFGN;--AND PRGVIDFNG-FGR-PUBLIGATFGNT 27. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE NEW SEVEN YEAR INDUSTRIAL DISTRICT CONTRACTS WITH THE INDUSTRIES WITH WHICH THE CITY CURRENTLY HAS CONTRACTS. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza informed the Council that the City has been directed by the judge who handled the breakup of AT&T to select one service in regard to pay phones. He stated that he has authorized staff to continue the arrangement with AT&T but will go out for proposals and come back to the Council with a recommended service company at some point in the future. Mr. Garza referred to the bond sale that morning and stated that the City should be proud of the excellent bid. Mr. Garza indicated that he will be in Austin tomorrow to confer with state legislators. Mr. Garza gave a brief report on his recent trip to San Diego. Mayor Turner encouraged the staff and Council Members to attend the TML Regional Meeting in Robstown on Thursday evening. City Manager Garza referred to the Veterans Band and indicated that the Visitors Bureau has agreed to support them for $5,000. He stated that the Veterans Band has requested $10,000 from the City and he recommended that $10,000 be taken from the Reserve Appropriation Account. Mayor Turner suggested that it be a regulatory budget item, noting that the Band performs at every City function without cost and is the City's official band. Mrs. Turner suggested that the Veterans Band submit a financial statement and a request for funds. Council Member Slavik suggested that the Veterans Band submit their request to the Municipal Arts Commission, noting that they should compete with the .inutes Regular Council Meeting January 17, 1989 Page 16 other groups in the City, and City Manager indicated that it is more appropriate to consider permanent funding as part of the budget and noted that this is a once in a life time opportunity. Council Member Moss indicated that he is in support but that it should not be tax money this year. He stated that there is not enough money in the budget and it would be a bad precedent at this time. Council Member Guerrero stated that he agreed on the tax issue but that there is other funding which is available. He stated that it is a very unusual circumstance and suggested contracting for a fee with the Veterans Band to play for all City functions. Mr. Guerrero also commented on the excess sales tax. He pointed out that the members of the band will pay for their own wives' trip and their own expenses in Washington and that the money would strictly be used for airfare. Council Members Berlanga and Mayor Pro Tem Schwing expressed support for the funding for the Veterans Band. Council Member Rhodes concurred with Mr. Moss and stated that it is easy to give away money. She indicated that she will support this one-time funding and concurred with Mrs. Slavik's suggestion. Council Member Slavik expressed concern because money is needed at the sewer plant. Assistant City Manager Jesus Garza stated that it is not yet official but the lines at the harbor of the Corpus Christi Channel have all been verified to be at a deeper level than 55 feet and the Corps of Engineers has made a commitment that the City would not have to pay to lower those lines if they were below 55 ft. He stated that the City will be able to reallocate those funds for other projects in the wastewater system. Mr. Garza indicated that a report is in process of being prepared. The following people spoke in support of the funding for the Veterans Band: Mr. Eddie Galvan; Dr. Hector Garcia; Mr. Ram Chavos, Co -Founder of the Veterans Band; Mr. Rob Earley and Mr. Roy Hinajosa of the Visitors and Convention Bureau, who indicated the Bureau will provide $5,000 for the Veterans Band. A motion was made by Council Member Berlanga to instruct the City Manager to locate the $10,000 source of funding for the Veterans Band. Council Member Guerrero stated that he would like to amend the motion to not include property tax dollars, and City Manager Garza indicated that it would not include that. Mr. Guerrero seconded the motion and it passed unanimously; Strong absent. * * * * * * * * * * * * * inutes Regular Council Meeting January 17, 1989 Page 17 Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Tom Sands and Mr. Bernie Paulson spoke in support of Item No. 27 regarding the Industrial Districts. Mr. John Talbot, Egyptian Drive, presented a letter to the Council from Mr. Jim Howry, President of the Pharaoh Valley Neighborhood Association, which had been presented previously to the Council relative to the Oso Water Reclamation Plant foul and hazardous odor emission. Mr. Talbot noted that there are changes in the letter which are highlighted in orange and are for the betterment of the plant. He encouraged the Council to direct the City Manager to come up with funds to complete the renovations at the plant. Mr.Talbot inquired why the City's sewage rates are so high. Assistant City Manager Jesus Garza indicated that the City's sewage rates are quite reasonable. He indicated that staff is very concerned about the problems at the Oso plant, but it is not the only plant with problems. Mr. Garza indicated that the Council will be provided a report which will address all the issues and the recommended priorities. Mayor Turner suggested that the Council be given a list of each of the improvements required by each of the plants in the order of priorities including a time line. Mr. Robert Reyna, Roslyn Drive, commented about the City Manager's salary and the hiring of the police commander as a trouble shooter. Mr. Reyna stated that he does not agree with the City Attorney filing a lawsuit against the Taxpayers Association because it is the only recourse which the citizens have. At 5:05 p.m. Mayor Turner recessed the Council Meeting to convene the Corpus Christi Industrial Development Corporation Meeting and the Corpus Christi Housing Improvement Corporation Meeting. * * * * * * * * * * * * * At 5:52 p.m. Mayor Turner reconvened the Regular Council Meeting and the Council went into closed session pursuant to Article 6252-17, V.A.C.S., Secs. 2(e) and (g) for attorney's advice with respect to pending or contemplated litigation and/or settlement offers in litigation in regard to personnel matters involving employment, duties, discipline or dismissal of public officers or At 6:20 p.m. the Council departed the closed declared the Council Meeting adjourned on January 17, * * * * * * * * * * * * * an accident case; and with evaluation, reassignment, employees. session and 1989. Mayor Turner 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 January 17, 1989 which were approved by the City Council oon January 24, 1989. /J 19 WITNESSETH MY HAND AND SEAL, this the a/ day of Armando Chapa, City Sec City of Corpus Christi Betty Twdner, MAYOR tary