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HomeMy WebLinkAboutMinutes City Council - 04/11/1989PRESENT Mayor Pro Tem Clif Moss Council Members: David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Mary Rhodes Frank Schwing Absent Mayor Betty Turner MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 11, 1989 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Council Member Frank Schwing called the meeting to order in the Council Chamber of City Hall. He referred to last week's Council Meeting when the Council approved the concept of the office of Mayor Pro Tem to be on a rotating basis, indicating that District 1 would be the first office to serve. Mr. Schwing stated that it would be more appropriate for the highest vote getter in the April 1st election to be the first Mayor Pro Tem and suggested that if the Council concurs, he would like to exchange Mayor Pro Tem terms with Council Member Clif Moss. A motion was made by Council Member Berlanga to approve Council Member's suggestion; seconded by Council Member Ed Martin and passed unanimously. The invocation was delivered•by Pastor Fred Martin of St. Luke United Methodist Church following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Clif Moss City Secretary Armando 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 Pro Tem Moss called for approval of the Minutes of the Special Council Meetings of April 3, 1989 and April 4, 1989 and the Regular Council Meeting of April 4, 1989 and there being no additions or corrections, he proclaimed them approved as presented. Mayor Pro Tem Moss read a Proclamation designating April 9 - 15, 1989, as "Archaeological Awareness Week." MICROFILMED nutes Regular Council Meeting April 11, 1989 Page 2 Mr. Moss presented Certificates of Commendations associated with Archaeological Week to Carl Crull, Director of Engineering Services and Victor Medina, Public Utilities Director. Mayor Pro Tem Moss acknowledged Ms. Oscarine Garcia, a teacher at Baker Middle School, who introduced the Principal and the Junior Historians of Baker Middle School. Mr. Moss read a Proclamation designating April 9 - 15, 1989, as "National Library Week". He presented the Proclamation to the President of the Junior Historian Club who presented a $200.00 check to the City for further development of the local library room. Mr. Berney Seal, Chairman of the Corpus Christi Area Convention and Visitors Bureau, presented the semi-annual report of the Bureau's financial status and activities for the past six months. He stated that to date, the Bureau has spent $645,000 of the $694,000 budgeted for the first half of the fiscal year. Mr. Seale elaborated on various new initiatives of the Bureau. Council Member Martin inquired about the status of the hotel/motel fund collections, and City Manager Garza responded by stating that the fund incurred a deficit last year. He stated that in comparison to what was projected, the City is about where they expected to be as far as revenues are concerned. * * * * * * * * * * * * * Mayor Pro Tem Moss administered the Oaths of Office to the following newly appointed Board & Committee appointees: Elida Gonzalez and Grace Barrera - Human Relations Commission; Loretta Shaw - Library Advisory Committee; Clinton Bailey - Mechanical Advisory Committee. Bill Boudreaux, Aquatics Supervisor of the Park and Recreation Department, gave a presentation on the City's "Learn to Swim" program. * * * * * * * * * * * * * Mayor Pro Tem Moss recessed the Regular Council Meeting at 2:35 p.m. to conduct the JTPA Executive Committee Meeting. Mayor Pro Tem Moss reconvened the Regular Council Meeting at 3:05 p.m. and referred to the Board & Committee appointments. Council Member Berlanga stated that at last week's meeting he had nominated Mr. Eloy Salazar to the Building Standards Board, indicating that he had meant to nominate Ms. Ismael Salazar, Sr. Mr. Eloy Salazar is currently serving on the Electrical Advisory Committee and does not want to resign that position. Council Member Martin indicated that he would like to see a resume for Ms. Salazar, and it was the consensus of the Council to delay the appointment to the Building Standards Board until next week. ••••••• .lutes regular Council Meeting April 11, 1989 Page 3 * * * * * * * * * * * * * Mayor Pro Tem Moss called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 7, and Council Members requested that Items 2, 3 and 7 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: 1. M89-0092 Motion approving the bulk purchase of 1,000 gallons of malathion insecticide to American Cyanamid Co. for a total of $16,670, based on sole source. The malathion will be used by Vector Control for mosquito control. The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner absent. 4. M89-0095 Motion authorizing the City Manager or his designee to submit an application and execute a contract with ACTION for continuation of the Senior Companion Program. The total budget for 1989-1990 is $173,942. This includes $147,248 in federal funds, and $26,694 in city match. Of the city match, $9,510 is provided as in-kind and $17,184 will be drawn from Senior Community Services reserves. The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner absent. 5. M89-0096 Motion that the Broadway Bluff Renovation project be re -advertised for bids, and the development of the La Retama Park be deferred until additional funding is secured. Bond funds in the amount of $300,000 from the 1986 bond election and $500,000 from Reinvestment Zone No. 1 previously allocated for both projects would he re -allocated to provide full funding for the Broadway Bluff Renovation project. The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner absent. Autes negular Council Meeting April 11, 1989 Page 4 6. RESOLUTION NO. 20645 AUTHORIZING THE CORRECTION OF PROPERTY DESCRIPTIONS IN SEPARATE DEEDS FROM THE CITY OF CORPUS CHRISTI TO THE NUECES COUNTRY NAVIGATION DISTRICT NO. 1, DATED APRIL 22, 1964, AND FROM THE CITY OF CORPUS CHRISTI TO QUINTANA - HOWELL JOINT VENTURE, DATED FEBRUARY 23, 1976, WHICH PROPERTY QUINTANA - HOWELL SUBSEQUENTLY CONVEYED TO COASTAL REFINING AND MARKETING, INC. The foregoing Resolution passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner absent. * * * * * * * * * * * * * Relative to Item No. 2 on the Lindale and Greenwood Senior Citizens Center Expansion, Council Member Rhodes requested more discussion in regard to the expansion, particularly the Lindale Center. Engineering Services Director, Carl Crull, explained that the Greenwood and Lindale Centers each surround a center courtyard, stating that there is one concept to enclose the courtyard and utilize that space. He noted that there has been some concern about enclosing that space by some of the users; therefore, during the schematic phase of the project, the architects will draw up schematics on how that space can be used, along with expansion of some areas. Mr. Crull indicated that staff will meet with the senior citizens and some of the representatives from the users of the center to determine the course of action. Council Member Rhodes expressed concern that plans are being purchased before the decision for the expansion has been made and Mr. Crull indicated that these are schematic layouts of how the area can be used, and once the decision is made as to which way to proceed, the details will then be prepared to implement whichever course of action is chosen. Mr. Crull indicated that the $33,000 includes everything from the schematic phase through the construction phase. City Manager Garza indicated that the City requires the architect's help in offering some renditions to visualize what the area would look like. He stated that the architect will also help design, prepare engineering drawings, and do the design work on whatever is decided, indicating that the money is not being wasted. Council Member Berlamga expressed concern, noting that the people at Greenwood would like to know more about the enclosure and he asked for an explanation of what it will look like. Assistant City Manager Hennings noted that the project included some renovation in both the senior centers and will be more than just expansion of the meeting room. He stated that the meeting room could be expanded to the outside, in which case the atrium area will remain the same, or it could be expanded to the inside by enclosing the open area. Mr. Hennings continued by flutes eegular Council Meeting April 11, 1989 Page 5 stating that the architect will explain how it will work and provide some cost estimates. Council Member Berlanga stressed the importance of meeting the needs of the senior citizens, pointing out their increased population. Mr. Hennings stated that the purpose of the project is the basic expansion of the dining area and as much renovation as can take place within the available funding. He stated that the architect will provide preliminary sketches and cost estimates. Mr. Hennings stated that staff will meet with the people who use the centers to show them the information obtained and get their consensus. Mr. Charles Davis, a member of the Lindale Senior Center, commented on the cramped dining space and the expansion of the patio area. City Secretary Chapa polled the Council for their votes and the following motion was passed: 2. M89-0093 Motion approving an Agreement for Architectural Services with Boggs/Thomas Architects and Associates to expand the Lindale and Greenwood Senior Citizens' Centers for a fixed fee of $33,000. The foregoing motion passed by the following vote: Moss, Berlanga, Hunt, Martin, McComb and Schwing voting, "Aye"; Rhodes voting, "No"; Guerrero absent at the time the vote was taken; Turner absent. * * * * * * * * * * * Relative to Item No. 3 on the Quincentennial Commission, Council Member McComb referred to the last sentence in the memorandum which states "that the funds will come from the general fund reserve appropriation." Mr. McComb asked about the condition of the Clty's reserve fund and expressed concern about using the reserve fund every time something comes up. City Manager Garza stated that his preference on operating the budget during the year is to follow the plan, indicating that there should be some contingency to handle unexpected ratters that arise. He stated that the City's appropriated reserve has been used in the past. He indicated that the City is trying to build a reserve for operating purposes. Mr. Garza stated that this is a commitment which was made sometime ago and in the future would be placed in the budget. He noted that the City can afford the $5,000 allocated to the Quincentennial Commission. Council Member McComb reiterated his concern about drawing down the reserve, stating that the City should be aware of what its reserve situation is, and City Manager Garza stated that presently it is pretty solid. nutes Kegular Council Meeting April 11, 1989 Page 6 There were no comments from the audience on Item No. 3. The following motion was approved by the Council: 3. M89-0094 Motion approving an agreement with the Corpus Christi Quincentennial Commission for activities over the period from now through 1992. The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner absent. * * * * * * * * * * * * * * * Relative to Item No. 7 on Zoning Application No. 588-5, Council Member Martin questioned the last sentence of the memorandum which states "that the Council must take final action on April 11," and City Manager Garza responded by stating that the ninety day time period which the City granted the applicant on January 10 expires on April 11, and the City would be required to extend it again in order to help the applicant meet their deadline. Mr. Garza explained that this time the applicant did file but there is insufficient time to allow for three readings. In answer to a question from Council Member Martin, Brandol Harvey, Planning Director, stated that the purpose of the extension was to allow the applicant to plat property which is a requirement of the zoning ordinance. He stated that platting has now been accomplished; therefore, the only condition creating the need for the extension has now been met. Mr. Harvey briefly explained the reason for the extension, indicating that the three-month extension runs out this week, and in order to meet the time requirements, this is the last Council date to finalize action. Council Member Martin indicated that he has no problem with the zoning but does have a problem with being told that the Council has to take action. There were no comments from the audience on this item. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 7. ORDINANCE NO. 20646 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LEONARD A. SANCHEZ BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 41A, BLOCK 1600, BAY TERRACE UNIT 2, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. nutes fegular Council Meeting April 11, 1989 Page 7 An emergency was declared and the foregoing Ordinance passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner absent. * * * * * * * * * * * * * Mayor Fro Tem Moss called for consideration of Item No. 8 on awarding a contract in the amount of $8,118,000 to Nunn and Shumway Construction Co., Inc. for the expansion of the Westside Wastewater Treatment Plant. Council Member McComb indicated that $8 million is a large amount of money to go from 3 MGD to 6 MGD. He asked if the City is rebuilding the plant versus expanding it and expressed concern about the parts relating to the Laguna Shores, Arcadia and the Horne Road Lift Stations. Mr. McComb inquired about the wastewater workshop and asked if the Council should receive an update on the entire wastewater system program before spending $8 million on a 3 MGD expansion. City Manager Garza responded by stating that the City bid this project twice; the prices are correct; the project is very expensive to build; and he commented on comparisons. Mr. Garza stated that he has instructed staff to proceed with the advertisement of bids for these items; they are critical; and the City is under mandate to increase the size of the westside treatment plant. Mr. Garza stated that he allocated wastewater funds for this project and will address the funding of the projects being set aside in the budget for next year. He stated that the City has very substantial needs in the wastewater area, noting that the EPA has discontinued their funding and the City is having to fund the whole amount. Discussion followed and Assistant City Manager Jesus Garza indicated that one of the reasons for the tremendous cost is that basically it is rebuilding the plant. He stated that currently the City uses a trickling filter process and that process will be changed. He stated that presently the City is under administrative order and will have thirty months to finish the plant once the contract is awarded. In answer to a question from Council Member Berlanga, Mr. Garza stated that the southside plant will be built about the middle to late 90's. He stated that if the City wants the public's support on the expansion of existing plants, they need to be operated so that they are as unobtrusive as possible. Council Member Rhodes expressed concern about piecemeal decision making. She referred to the upcoming workshop and stated that the Council should look at the entire picture. In answer to a question from Mrs. Rhodes, Assistant City Manager Jesus Garza noted that when the administrative order was issued, the plans were not drawn. He stated that the Federal Commission granted sone leeway, indicating that the City has been operating at ninety percent capacity for some time. He nutes ..egular Council Meeting April 11, 1989 Page 8 stated that the Commission will not let the order start running until the City is under contract. Mr. Garza stressed the importance of getting this project done. Council Member Guerrero encouraged the Council to get this project done. He stated that the plant affects more residents than Pharaoh Valley, noting that the odor is worse, and to delay this any longer is an injustice to the people on the westside. Council Member Hunt expressed concern about the rush, stating that he would like to have more input. He commented on the other three projects which the City has to support and indicated that he would appreciate more time. Council Member Martin inquired how much money is available for this project, and City Manager Garza replied about $7 million, and Victor Medina, Public Utilities Director, stated that there was $5 million in the 1986 bond sale and $3 million from the 1982 bond sale. In answer to a question from Council Member Martin, Mr. Medina explained the cost of the project, stating that the project does allow for an expansion of an additional 2 million gallons. He explained the layout of the plant in future years, stating that it will not add any additional sewage to the Oso. He stated that the plant is not competitive with the southside plant or the Oso. In answer to a question from Council Member Rhodes, Mr. Medina stated that improvements or modifications to the Oso plant are not included in the bond program and that the City allocated certain funding per project in the bond program. Mr. Medina indicated that this should be the number one project because the City is mandated to do it. Council Member Hunt inquired about the $225,000 cost for contract administrative services during construction and asked how that figure was arrived at and if it was bid, and Engineering Services Director, Carl Crull, stated that the $225,000 consists of day to day inspections which will be required to assure compliance to the plans and specifications and the administration of paper work, reports, etc. He stated that it is a necessary part of the project and was not bid because these are professional services and under state law, professional services are not bid. Mr. Crull stated that Urban Engineering submitted a proposal; the City is negotiating with them; they prepared the plans; they are most familiar with the project, and it is more economical to have Urban Engineering do the inspections work because of their familiarity with the plant. After more discussion and deliberation regarding the project, 1,t was the consensus of various Council Members that this item be tabled. A motion was made by Council Member Rhodes to table this item for one week; have a presentation from staff on the entire wastewater system; and place the mutes eegular Council Meeting April 11, 1989 Page 9 westside wastewater item last on the agenda for approval. The motion was seconded by Council Member Martin and passed unanimously. 8. Tabled Poetsea-eward4ng-e- eont-reet-fl-amour+t-o€-$8s€1g f980-Ee-Nnan-and-Shumway 6enserueetoa--herr--Iner--€er---tte--eltpensioir-crf----WesEs-ie--Wastewetet Treatment -Plane: * * * * * * * * * * * * * Mayor Pro Tem Moss called for consideration of Item No. 9 on the Confirmation of Annexations by Ordinance. City Secretary Chapa informed the Council that Council Member Martin has filed a conflict of interest affidavit with his office and will abstain and not vote on Item No. 9. There were no comments from the audience on Item No. 9. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 9. ORDINANCE NO. 20647 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, RECEIVING INTO AND ANNEXING TO THE CITY OF CORPUS CHRISTI, CERTAIN ADDITIONAL TERRITORY, AND FIXING NEW BOUNDARIES FOR THE CITY OF CORPUS CHRISTI, FULLY DESCRIBING SAID TERRITORY AND SAID NEW BOUNDARIES, AND DECLARING SAID NEW TERRITORY AN INTEGRAL PART OF THE CITY OF CORPUS CHRISTI, AND DECLARING THE SAID NEW TERRITORY AS ANNEXED TO AND MADE A PART OF THE CITY OF CORPUS CHRISTI, TEXAS, SUBJECT TO THE GENERAL LAWS OF THE STATE OF TEXAS, THE CITY CHARTER OF THE SAID CITY AND THE ORDINANCES, RESOLUTIONS, AND LAWS OF THE CITY OF CORPUS CHRISTI AND ENTITLED TO ALL THE SAME RIGHTS, PRIVILEGES AND BURDENS THEREOF; APPROVING A SERVICE PLAN; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Moss, Berlanga, Guerrero, Hunt, McComb, Rhodes and Schwing voting, "Aye"; Martin abstaining; Turner absent. * * * * * * * * * * * * * Mayor Pro Tem Moss announced the public hearing on the closure and abandonment of a 35 -foot long by 60 -foot wide stubout portion of Burton Lane in Lot 3, Block 3, Moore Plaza. Engineering Services Director, Carl Crull, provided background information on this project, stating that Urban Engineering submitted a request to close and abandon the portion of Burton Lane within Moore Place. He stated that the 35 nutes ,regular Council Meeting April 11, 1989 Page 10 foot long by 60 foot wide street right-of-way was originally dedicated to comply with the Platting Ordinance requirements for street frontage; the property was recently replatted; and the lot lines were realigned, thus negating the frontage requirements. Mr. Crull stated that staff recommends that the entire stubout be retained as a utility easement and in addition, recommends that the developer not be required to pay the fair market value for this right-of-way since this dedication was made to meet plattting requirements for street frontage. Mr. J. J. Wade, 5338 Williams Drive, stated that his property adjoins part of Burton Lane. He asked about the exact location where it will be closed off, and Mr. Crull provided an explanation and located the area on the map. A motion was made by Council Member Martin to close the public hearing; seconded by Council Member Hunt and passed unanimously. Mr. Crull informed the Council that the Ordinance will be brought before the Council next week. * * * * * * * * * * * * * Mayor Pro Tem Moss opened the public hearing on the following zoning case: 11. Amending the Zoning Ordinance by amending Article 5, "R -1B" One -family Dwelling District regulations, Section 5-2; Article 8A, "A -1A" Apartment House District regulations, Section 8A-2 as the regulations controlsignage for schools; and Article 26, Nonconforming Uses, Section 26-11. Mayor Pro Tem Moss noted that the both the Planning Commission and Staff recommend approval of the proposed amendments. Brandol Harvey, Planning Director, provided some background information, explaining that the City's zoning ordinance does not address signs for schools and with recent efforts to enforce the City's zoning regulations, some schools were issued warnings that their signs were in violation of the zoning standards. He stated that most of the schools are located in residential zoning districts and are permitted a maximum sign area of 30 square feet per school site. Mr. Harvey stated that after several public hearings, recommendations were made to amend the zoning ordinances specifically addressing school signs. Mr. Harvey stated that it is recommended that controls be placed on school signs that are located within 100 feet of a public right -of way and any school signs not located within 100 feet of a public right-of-way would be essentially unrestricted. He stated that a distinction is made in the zoning ordinance as to signs identifying the premises or offering public information as opposed to advertising signs, and the signs that seem to be perceived by the public as most obtrusive are those schools signs containing a commercial message. Mr. Harvey noted that signs containing a commercial message are donated to the schools by various companies and are often in the form of a scoreboard. Mr. Harvey stated that the proposed amendment limits commercial messages to 35 percent of the inutes Regular Council Meeting April 11, 1989 Page 11 total sign area and provides for registration of all existing signs that are not in compliance with the proposed regulations and granting them a non -conforming status. Mr. Harvey continued by stating that the school district felt that they could not eliminate advertising altogether. He stated that it was felt that the school signs that are presently in place whether they are within 100 feet of a right-of-way or not ought to be grandfathered because they were placed with good intentions. Mr. Harvey referred to non -conforming signs, stating that the Legal Department has drafted a new definition in the zoning ordinance to be inserted to define a non -conforming sign as opposed to other non -conforming uses. He stated that the City has drafted its regulations to be in compliance with state law. Council Member McComb inquired about the schools which were issued citations, and Mr. Harvey explained that they were issued warnings and that no fines were levied. Mr. McComb stated that he did not understand why the public would find the signs obtrusive, expressing the opinion that it is significant for the business commmnity to support education. The topic of portable signs was discussed by the Council, and Mr. Harvey noted that the City's ordinance banned from certain districts all portable signs regardless of whether they were legally permitted. He stated that all unpermitted portable signs cannot acquire a nonconforming status because only legally established and permitted signs may contain nonconforming status. He stated that all legally permitted signs on the date of the passage of Ordinance 19968 are required to be treated as nonconforming under state law. Council Member Martin expressed the opinion that some money would be well spent to very carefully inspect and deal with the issue of portable signs and do the enforcement without compensation, and Mr. Harvey stated that there are a number of ways the City can enforce the local ordinances which are in compliance with the state law. There were no comments from the audience on Item No. 11. City Secretary Chapa polled the Council for their votes and the following Ordinance was approved on first reading by the Council: FIRST READING AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE 5, "R -1A" ONE -FAMILY DWELLING DISTRICT REGULATIONS, SECTION 5-2, USE REGULATIONS, BY ADDING A NEW PARAGRAPH (4); AMENDING ARTICLE 8A, "A -1A" APARTMENT HOUSE DISTRICT REGULATIONS, SECTION 8A-2, USE REGULATIONS BY ADDING A NEW PARAGRAPH (5); AMENDING ARTICLE 26, NONCONFORMING USES, SECTION 26-11; AND DECLARING AN EMERGENCY. .nutes tcegular Council Meeting April 11, 1989 Page 12 The foregoing Ordinance was passed on first reading by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner absent. * * * * * * * * * * * * * Mayor Pro Tem Moss called for the City Manager's report. City Manager Garza informed the Council that he will not make the trip to Veracruz, Mexico. Mr. Garza advised the Council that staff is prepared to present reports on the wastewater problems, sanitation and the City budget. Be stated that he hopes that the Council will schedule some workshops in the near future to discuss these items. Mr. Garza pointed out that because of the complexity of the budget and time constraints, he has to submit the budget by June 1st. stating that the Police and Fire Departments would receive the highest priority in the allocation of funds. Mayor Pro Tem Moss called for liaison and other reports from the Council. The Council discussed scheduling a workshop on the various items, including the Capital Improvement Program, Sanitation, the Budget and the Old Courthouse. After the discussion, a motion was made by Council Member McComb to schedule a Special Workshop Meeting on the evening of April 18 to discuss the various topics. The motion was seconded by Council Member Guerrero and passed unanimously. Council Member Guerrero commented on the retreat and the need for a facilitator. He made a motion to prepare the retreat within the City Manager's responsibilities and exclude any facilitator. The motion was seconded by Council Member Rhodes and passed by the following vote: Berlanga, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing voting, "No"; Turner absent. Council Member Berlanga commented on the issue relative to the Council Members receiving a car allowance, stating that he thinks they are entitled to a car allowance. He stated that he would like to know the feelings of other Council Members relative to this matter. A motion was made by Council Member Guerrero to have staff prepare a recommendation relative to the Council Members receiving a car allowance. The motion was seconded by Council Member Berlanga. City Manager Garza indicated that he would be happy to provide the facts regarding the City's reimbursement policy of personal cars. Council Member Hunt stated that he felt the Council should not discuss a car allowance at this time when the budget is obviously going to be short. nutes Kegular Council Meeting April 11, 1989 Page 13 Council Member Guerrero explained that he just wanted the staff to provide a report on reimbursement for car allowance. The motion passed by the following vote: Moss, Berlanga, Guerrero, McComb, Schwing, voting, "Aye"; Hunt, Martin and Rhodes voting, "No"; Turner absent. Council Member Martin referred to the memorandum received from City Secretary Chapa in regard to the Council's travel allowance and the recommndaionl embers be travele ort the tremas der of ethe wfiscal iyear. Ile stated othat dhelwouDldefor each hat the like to know where the funds will come from. City Secretary Chapa explained that funds are available in other line items or codes which could be transferred into the Council's travel code for this purpose. Mr. Martin inquired if there is enough money in the travel line item, and Mr. Chapa replied that there is not, but there isenough money in the Council's budget under professional services for this purpose Mr. Martin suggested that only the travel code be considered, and Mr. Chapa explained that all of the departing Council Members had t rnsfer ing expended their fundsfunds fand several Council Members indicated their opposition one Council Member to another. Council Member Berlanga referred to the action by the United Way organization depriving the Boys Club the funds previously designated and suggested that the Council intercede to urge United Way to wait for a few weeks to see if can e ani in he public and private gs cto r worked indicated d are interested in theBoysClubtandgmayzcomenforthtto provide funds for that organization. Council Member Rhodes presented an idea for the purpose of obtaining the approval of the majority of the Council Members to consider passing an ordinance to make it a criminal offense to have in possession merchandise from which the serial numbers have been removed. She explained that this occurs frequently in pawn shops and she had been informed by several people that this should be covered by an ordinance to help prevent burglaries.. Rhodes requested that two people be all wedtcspeak on thiissue whorwere presenthen in the audience. Mr. Mike Casey explained the process of eliminating serial numbers, stating that he works with pawn shops and they frequently deal with these type of goods that have had serial numbers obliterated. He pointed out that in this City there is no law to prohibit this. Mr. Dick Berry concurred that this is quite a problem because the goods are sold and is no way of umbers have been removed. tHere tracing after the also expressed theopinion thatanordinance nstipulating that possession of this type of article would be a Class C misdemeanor. rtes *pular Council Meeting April 11, 1989 Page 14 A motion was made by Council Member Rhodes to instruct the staff to prepare an ordinance to make possession of merchandise from which the serial number has been removed a Class C misdemeanor and have it ready within one month. The motion was seconded by Council Member Schwing and passed unanimously. Council Member McComb suggested to the Council that a solution needed to be reached in regard to travel funds for the new Council. Council Member Hunt stated that he will not accept any travel pay of any kind. A motion was made by Council Member Schwing that City Secretary Chapa's suggestion be adopted provided the funds are from within the City Council's budget. The motion was seconded by Council Member Rhodes and passed unanimously. Council Member McComb referred to the memo the Council had received on the CDBG funds and inquired if the same policy was still in effect in that these funds will only be used for capital improvements. Assistant City Manager Elizondo assured him that this is still the policy and none of the funds will be used for operating costs. Council Member McComb requested that the Legal Department check on options that they might address in an effort to decrease driving while intoxicated cases. He expressed the opinion that the City needs something to discourage driving while intoxicated rather than allowing guilty parties to serve very brief terms or be placed on probation. City Manager Garza stated that he felt that the Legal Department needed to study all possibilities. Council Member Guerrero noted that a few weeks ago Mr. Wimberly had suggested that franchise fees be charged to distributors of alcoholic beverages. Mayor Pro Tem Moss asked the staff to have an item on the agenda to consider any kind of recommendation that they might have, and City Manager Garza stated that they are doing some research as a result of Mr. Wimberly's suggestions following which the Council may select what they want done. Council Member McComb suggested that they would like to have this within thirty days or less. Council Member Martin stated that he has various ministerial items which he would like to discuss, suggesting that this could be done in a half—hour during next week's Special Workshop Meeting. * * * * * * * * * * * * * _flutes Regular Council Meeting April 11, 1989 Page 15 Mayor Pro Tem Moss called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein commented on the memorandum from Bruce Aycock to Bill Read relative to the Mayor's employment. He stated that it is not a legal opinion and too speculative a letter. He read from the state code and inquired if other agencies are paying the Mayor for consultant work. Mr. J. H. Kinard, 4629 Donegal Drive, referred to the proposal presented by Mr. Wimberly to the Council a few weeks ago. Mr. Kinard presented copies of the proposal to the new Council Members and commented on the DWI problem in Corpus Christi. Mr. Kinard read from and made comments about Mr. Wimberly's proposal and asked about the status. Mr. William Arnold spoke in support of Mr. Wimberly's proposal and stated that the City staff has had sufficient time to make a judgment in regard to the proposal. Mr. R. J. Herschbach, 4650 Hakel, stated that he is waiting for a report from the City Manager on the status of the Firemen's Fund shortage. City Manager Garza stated that there is a conflict between the Firemen's Pension Board and the City, stating that normally the City attorney advises the Board on its legal affairs. He stated that in this case, the City has a matter which will involve costs to the Board or to the City. Mr. Garza stated that he has drafted a letter to the Board indicated that they should hire their own Counsel in this matter. Council Member Guerrero expressed concern and inquired about the difference between the dilemma of the Old Smokies and the problem commented on by Mr. Herschbach. City Manager Garza provided an explanation of the two problems, noting that there 1s a solution to the problem presented by Mr. Herschbach and the problem with the Old Smokes presents a real problem. Mr. John Tanguma, President of the Firemen's Association, and Chairman of the Advisory Committee on the Pension for the Old Smokies, stated that they are addressing the issue of the Old Smokies and will make a recommendation in a couple of months. Mr. Earl Wilder, 517 Williamson, commented on the differences between the Old Smokies and the problem presented by Mr. Herschbach and urged the Council to keep the two issues separate. There being no further business to come before the Council, Mayor Pro Tem Moss declared the Council Meeting adjourned at 5:20 p.m. on April 11, 1989. * * * * * * * * * * * * * 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 April 11, 1989, which were approved by the City Council on April 18, 1989. WITNESSETH MY HAND AND SEAL, this the //44 Kday of94-7. 1989. Betty Tu r -r, Mayor Ay_r_rg eArt— Armando Chapa City Secretary