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HomeMy WebLinkAboutMinutes City Council - 07/18/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 18, 1989 2:00 p.m PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga Council Members: Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing * City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chamber of City The invocation was delivered by Reverend Bob Hibbs of the Episcopal Church of the Good Shepherd following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. 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 Turner called for approval of the Minutes of the Workshop Meeting of July 8, 1989 and Regular Council Meeting of July 11, 1989, and Council Member Moss pointed out a correction in a vote on Item No. 9 on Page 7 of the Minutes of the Regular Council Meeting of July 11, 1989. There being no other additions or corrections, Mayor Turner proclaimed the Minutes approved as amended. * Council Member Schwing arrived at 2:05 p.m. Mayor Turner recognized Mr. Oscar Flores, representing the Westside Business Association, who introduced visitors from Lepe, Huelva, Spain, who are guests of the Westside Business Association visiting the City to promote commercial trade. Mayor Turner and Mayor Pro Tem Berlanga presented the visitors with Keys to the City and Certificates designating them as Honorary Citizens of Corpus Christi. Mayor Turner then read a Proclamation designating July 18, 1989, as "Lepe, Huelva, Spain Day." The visitors from Lepe, Huelva, Spain then presented Mayor Turner with gifts from their City. MICROFILMED \ Minutes Regular Council Meeting July 18, 1989 Page 2 Mayor Turner referred to the Board and Committee appointments following appointments were made by the Council. (q89-0187) Board of Adjustment Pat Veteto Food Service Advisory Committee Patricia Salinas - Reappointed Mike Herman - Human Relations Commission Gene Ward - Reappointed Marjorie Merrill - Reappointed Celena Cavazos - IT Kouskik Shaw Private Industry Council Private Sector Norma Bouillerce - Reappointed John Frederick - Joe McComb - Robert Trask - Richard Lear R. C. Vick 11 fl Community Based Organization Welder Brown Education Don Tyler and the CC Area Convention and Visitors Bureau Brad Lomax Housing Authority Patty Mueller Landmark Commission James Abram Museum Advisory Committee Gene Pennebaker Linda Cano Lupe Rangel Captain Hilbert Dwayne Dean Economic Development Loyd Neal * * * * * * * * * * * * * Mayor Turner announced the bid opening on the Mineral lease for 189.756 acres comprised of the P. W. Kelly and Cecilia Kelly tracts at the International • Airport. Minutes Regular Council Meeting July 18, 1989 Page 3 James Conn, Petroleum Inspection Superintendent, opened bids on the project from Union Pacific Resources who submitted a cashier's check as the required security bond. Mr. Conn explained the City procedure for bidding leases and recommended that the bid be awarded to Union Pacific Resources. Mr. J. R. Keeling, an attorney, expressed the opinion that Union Pacific has paid bonuses in excess of 25 percent, stating that the City could obtain more than 20 percent. Mr. Conn responded by stating because of other segments of the bid, staff is satisfied with the price. Council Member Guerrero made the following motion which was seconded by Mayor Pro Tem Berlanga and passed unanimously: 1. M89-0188 Motion to award a mineral lease for 189.756 acres comprised of the P. W. Kelly and Cecilia Kelly tracts at the International Airport. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 2 thru 14 and Council Members requested that Items 2, 4 and 8 be withheld for discussion. There were no questions from the audience on the other items. City Secretary Chapa polled the Council for their votes and the were passed: 3. M89-0190 Motion approving supply agreements for gas meters with the following companies for the following amounts, in accordance with Bid Invitation No. BI -0229-89 based on low bid meeting specifications and low bid for a total of $84,081.58. The terms of these agreements shall be for twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The items will be stored in the Warehouse and used by the Gas Department. following National Meter Total: $46,900 BTR Rockwell Total: $10,370.50 Dresser Measurement Total: $17,867 GRAND TOTAL: $84,081.58 Schlumberger Total: $2,550 American Meter Total: $6,394.08 Minutes Regular Council Meeting July 18, 1989 Page 4 The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 5. RESOLUTION NO. 20713 IN SUPPORT OF AN INTERIM STUDY BY THE TEXAS HOUSE OF REPRESENTATIVES ON BEACH CLEANUPS AND PRESERVATION OF TEXAS BEACHES. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 6. SECOND READING CLOSING AND ABANDONING A 5 -FOOT AND 10-FO0T WIDE UTILITY EASEMENT IN LOT 1, WINDBLOWN ACRES SUBDIVISION, AND A 5 -FOOT AND 10 -FOOT WIDE UTILITY EASEMENT IN LOT 2 -AR, WINDBLOWN ACRES SUBDIVISION, AND A 5 -FOOT WIDE UTILITY EASEMENT IN LOT 9-A, BLOCK 1, FALLIN'S RIVERSIDE SUBDIVISION; AND PROVIDING FOR REPLATTING OF THE PROPERTY WITHIN 180 DAYS. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 7. SECOND READING AUTHORIZING THE EXECUTION OF A 10 -YEAR LEASE AGREEMENT WITH DOBBS HOUSES, INC. FOR A TERMINAL NEWS AND GIFT CONCESSION, EFFECTIVE 60 DAYS FROM DATE OF THIRD READING. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 9. ORDINANCE NO. 20714 CLOSING AND ABANDONING LENS DRIVE ADJACENT TO LOT 36, BLOCK 13, KING' FLOUR BLUFF AND ENCINAL FARM AND PARKWAY ADJACENT TO LOTS 3, 4, AND LOT 17, BLOCK 24, FLOUR BLUFF AND TO CERTAIN PROVISIONS. FROM CIMMARON BOULEVARD TO OSO PARKWAY S CROSSING UNIT I, AND LOT 17, BLOCK 24, GARDEN TRACTS; AND A PORTION OF OSO 5, BLOCK 38, KING'S CROSSING UNIT I, AND ENCINAL FARM AND GARDEN TRACTS; SUBJECT Minutes Regular Council Meeting July 18, 1989 Page 5 The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin abstaining. 10. ORDINANCE NO. 20715 CLOSING AND ABANDONING A 5 FOOT WIDE UTILITY EASEMENT IN LOTS 1, 2, AND 5, BLOCK 38, KING'S CROSSING UNIT I, PHASE I, AND LOT 27, BLOCK 24, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND A 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 1, BLOCK 28, AND LOT 1, BLOCK 39, KING'S CROSSING UNIT 1; SUBJECT TO CERTAIN PROVISIONS. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin abstaining. 11. ORDINANCE NO. 20716 AMENDING THE CITY CODE, CHAPTER 18, FIRE PREVENTION AND PROTECTION, ARTICLE II, EMERGENCY MEDICAL SERVICES, SECTION 18-20, AMBULANCE RATES, SO AS TO PROVIDE FOR AN INCREASE IN BASE RATES AND FOR AN ANNUAL REVIEW OF THE EMS AMBULANCE RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; Hunt and McComb voting, "No." 12. M89-0193 Motion amending, prior to third reading, the ordinance authorizing Contract to Lease and Lease Agreement with Creative Arts Center, Inc. for Lots 3, 4, 7, 8, 9, 10, 11, and 12, Block 69, Beach Addition of the City of Corpus Christi and appropriating $125,000 from the Economic Development Trust Fund to change the term of the Lease Agreement from a twenty-year continuous lease with two options to renew for a total of not more than sixty years to one twenty-year continuous lease. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 13. ORDINANCE NO. 20717 AUTHORIZING THE EXECUTION OF A CONTRACT TO LEASE AND A LONG-TERM LEASE FOR TWENTY (20) YEARS FOR LOTS 3, 4, 7, 8, 9, 10, 11, AND 12, BEACH ADDITION, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE CREATIVE ARTS CENTER, INC., AND APPROPRIATING $125,000 FROM ECONOMIC DEVELOPMENT TRUST FUND (243.54). Minutes Regular Council Meeting July 18, 1989 Page 6 The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 14. ORDINANCE NO. 20718 AUTHORIZING A USE PRIVILEGE AGREEMENT WITH JAVELINA COMPANY TO ALLOW THE INSTALLATION AND MAINTENANCE OF TWO GEL -TYPE CABLES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE AREA OF EDEN LANE IN THE EHLERS GARDEN TRACT FOR A FEE OF $600. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * In answer to a question from Council Member Martin relative to Item No. 2 on the Golf Carts, City Manager Garza stated that the decision was made to purchase gasoline -powered golf carts based on the availability of the carts, stating that they proved more feasible. Relative to Item No. 4 on the Attorney General's opinion regarding Emergency Medical Service, Council Member Martin stated that he will vote against this motion. He asked about the specific request; and he referred to the litigation between the county and state, expressing the opinion that the City will be put in a bad position to try to obtain funds from the hospital district. Council Member Guerrero inquired about the intent of the opinion, and City Manager Garza stated that there is a very recent opinion from the Attorney General which states that counties may provide ambulance service but that they are not required to provide it. Mr. Guerrero questioned what would happen if the Attorney General's opinion states that the county is responsible, and Mr. Garza responded by stating that the City would keep track of the medically indigent that they transport and would bill the county. Mr. Garza indicated that so far, the county has honored the agreement and that the county judge did express the opinion that the county should support the ambulance service. Council Member Rhodes concurred with Council Member Martin, stating that if the opinion is not favorable, it will hurt the City; however, she indicated that she will support the motion because she wants to know what the truth is and who is responsible. Discussion followed and Mayor Turner expressed the opinion that the City should work cooperatively with the county. In answer to a question posed by Mayor Pro Tem Berlanga relative to Item No. 8 on amending the City Code of Ordinances, Chapter 13, Assistant City Minutes Regular Council Meeting July 18, 1989 Page 7 Manager Elizondo indicated that the only time period being modified is the item which grants the Building Official the authority to grant a 120 -day extension when an individual is moving a house from one site to another. Mr. Kenneth Hayes, 9309 Morrow Street, Executive Director of the Texas Coastal Bend Chapter of the Builders and Contractors Association, read from a prepared statement, stating that the association is in support of most of the proposed amendments. He stated that they would like to see more attention shown to the various advisory boards and ad hoc task forces. Mayor Turner requested that Mr. Hayes present his recommendations to the staff. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 2. M89-0189 Motion approving a 48 month lease of 70 gasoline powered golf carts from E -Z Go/Textron at a cost of $214,572.40, including the trade-in of 54 existing carts at Gabe Lozano, Sr., Golf Center, and including the option to purchase the new carts at the end of the lease term for $100 each; authorizing the City Manager or his designee to execute such agreement and any related security instruments, Uniform Commercial Code Statements and other such instruments, and approving the purchase of 12 cart enclosures for use during inclement weather from E -Z Go/Textron for $1,500. This recommendation is based on low bid. Funds including the monthly lease payments of $4,468.80 are included in the proposed Golf Fund Budget for FY 1989-90. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 4. M89-0191 Motion authorizing the City Manager to request authorized official to solicit Attorney General opinion as to Nueces County Hospital District's obligation to continue funding of ambulance services. The foregoing motion passed by the following vote: Berlanga, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner, Guerrero and Martin voting, "No." 8a. SECOND READING AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE VI, PLUMBING CODE, SECTION 13-201, ADMINISTRATION OF THE PLUMBING CODE, BY ADDING A NEW SECTION 103.6(b) AND BY AMENDING SECTIONS 106.4, 107.3(a), AND 107.4; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting July 18, 1989 Page 8 The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 8b. SECOND READING AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE VII, MECHANICAL CODE, SECTION 13-221, ADOPTED; AMENDMENTS, BY AMENDING SUBSECTIONS 103.5(1,), 104.2(a) AND (b), 106.3, AND 106.4; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 8c. SECOND READING AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE I, IN GENERAL, SECTION 13-1, STANDARD BUILDING CODE, ADOPTED; AMENDMENTS, BY AMENDING SECTION 106.6 BY ADDING A NEW PARAGRAPH 106.6.3; AMENDING PARAGRAPHS 107.2, 107.7, AND 2204.9; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 8d. M89-0192 Motion to amend, prior to second reading, Section 13-93 (b) (4) of the proposed Electrical Ordinance by adding Item m. to read as follows: "Replacement of any sign ballasts and transformer up to a rating of 15,000 secondary volts (60 ma) by any City licensed Master Electrician." The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 8d1. SECOND READING AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS: HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE III, ELECTRICAL, DIVISION 2, ELECTRICAL CODE, SECTION 13-93, PERMITS AND FEES, BY AMENDING PARAGRAPHS B AND C; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing Minutes Regular Council Meeting July 18, 1989 Page 9 voting, "Aye." 8e. SECOND READING AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE I, IN GENERAL, SECTION 13-2, PERMIT AND ADMINISTRATIVE FEES, BY AMENDING THE "PERMIT FEE SCHEDULE"; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 15 relative to the public parking at the Aquarium. City Manager Garza stated that the recommendation is to develop a financing plan which would provide approximately $1.8 million for completion of construction of public parking, street, curb, gutter and sidewalk improvements in support of the Texas State Aquarium. He stated that the plan would include charging a fee for parking to provide funds for construction and maintenance. Mr. Garza indicated that there are no specific recommendations of how to finance the parking lot improvements and infrastructure needs but that there are various options, and he elaborated on the options. Assistant City Manager Hennings provided background information stating that the Texas State Aquarium Association is proposing that Certificates of Obligation be issued by the City to allow for completion of construction of all the parking and related improvements needed for the Aquarium and that a fee be charged for parking to provide revenues to service the debt and provide for future maintenance. Mr. Hennings continued by stating that the Aquarium Bond proposition in 1986 provided $4 million for land acquisition for public parking, parking improvements, utility relocations, drainage and bulkheading. He stated that the current status of the project is that land acquisition has been completed; bulkheading has been completed; utility relocations are under way; and bids will be opened on July 19th for additional utility relocations and drainage improvements. He stated that these items will exhaust the available funds in the Aquarium Bond Fund. Mr. Hennings displayed renderings of the Aquarium and parking lot, stating that since the cost of land acquisition exceeded estimates, additional funds are needed for the final construction contract, estimated to cost approximately $1.8 million. In summarization, Mr. Hennings stated that what is being proposed is for the City to operate the parking as paid parking and use the revenues to borrow against the construction costs. Minutes Regular Council Meeting July 18, 1989 Page 10 In answer to a question from a Council Member, City Manager Garza stated that the Aquarium is a major project which the City must see through to completion as creatively as possible to minimize the City's risk. Council Member Martin expressed concern that there is a $1.8 million overrun on a $1.4 million budget for which the City did not have enough money to do the major code requirements for the project. Mr. Martin commented on the various methods of financing and stated that the consultant's projections do not support revenue bonds, Certificates of Obligation, etc. He stated that this is a serious problem and the City must come up with some creative financing to rectify the problem. Council Member Guerrero expressed the opinion that the Aquarium is a major commitment for the City and they should see the project through. In answer to a question from Council Member Hunt, City Manager Garza stated tat this is a joint project with the Aquarium Association and it was coordinated with them from the beginning. He stated that this does not come as a surprise because the City knew there would be an overage due to the cost of the land acquired. After a lengthy discussion of this matter, Council Member Hunt expressed the opinion that the improvements to the balustrade should be postponed and the funds used for the Aquarium. Mr. Raymond Hasker, 1813 Wallace, quoted from a report of the Texas State Aquarium Association Accountant's Report and Financial Statement of January 31, 1989. Mr. Hasker asked the question, "What is the real financial status of the Aquarium Association?" Mr. J. E. O'Brien, 4130 Pompano, stated that it is his understanding that Certificates of Obligation are supposed to be issued for an emergency and if the City is at risk, they will pay a high rate of interest. Mr. O'Brien stated that it seems that the City continually goes deeper into debt. He asked if the City will raise taxes to give the Aquarium Association more funds. Mr. O'Brien quoted from the City's pamphlet of the 1986 bond election pertaining to Item No. 7 on the Aquarium. He questioned the overrun and asked how the $4 million was spent. He quoted from another pamphlet prepared by the City Capital Improvements Program Steering Committee on Proposition 4, pertaining to the Aquarium. Ms. Helen Royal, 2911 North Shoreline, requested a breakdown of the $4 million spent on this project. Mr. Robert Reyna, 1821 Roslyn, spoke in opposition to the issuance of bonds to obtain the financing and to paid parking at the Aquarium. City Secretary Chapa polled the Council for their votes and the following motion was passed: Minutes Regular Council Meeting July 18, 1989 Page 11 15. M89-0194 Motion authorizing the City Manager to develop a financing plan which would provide approximately $1.8 million for completion of construction of public parking, street, curb, gutter and sidewalk improvements in support of the Texas State Aquarium. The plan would include charging a fee for parking to provide funds for construction and maintenance. The foregoing motion passed by the following vote: Berlanga, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing voting, "No"; Turner abstaining. * * * * * * * * * * * * * Mayor Turner announced the assessment hearing for the Allen School Area Street Improvements, Phase II, indicating assessments of $210,275.61 on 125 items. Council Member Martin street projects which were designs because people are expressed the opinion that the City should re-examine planned years ago before doing major street plans and objecting to the proposed improvements. City Manager Garza stated that the City is funding this project from CDBG funds and special assessments; the project was done in phases; this is the last phase; and the decision was made about six to seven years ago to improve these particular streets. Mr. Garza indicated that the property owners would receive credit for the improvements already in place. City Attorney Hal George explained the procedures and stated that the hearing is required by Article 1105-B of VACS which requires that the City prove that the property assessed will be enhanced at least in the amount of the assessments. He called as his first witness, Mr. Carl Crull. Through questioning of Mr. Crull, Mr. George determined that he is the Director of Engineering Services for the City of Corpus Christi; he has been employed by the City for nine years; he is a registered professional engineer in the state of Texas with a degree in Civil Engineering. Mr. Crull provided background informa stating that it shall consist of improvements Tenth, Alameda, Elizabeth, Booty and McKenzie Bond Program, Water Bond Fund, and 14th Year Program provided funding for this project. tion and described the project, to sections of Twelfth, Eleventh, Streets. He stated that the 1986 Community Development Block Grant Mr. Crull stated that in 1986, Tenth Street, between McKenzie and Booty, was closed by revocable easement. He stated that this request was made by MHMR to fence off Tenth Street at Booty for use as a parking lot with landscaping and other improvements. He indicated that citizen concerns have been expressed about how this closure has affected traffic flow and property development. Mr. Minutes Regular Council Meeting July 18, 1989 Page 12 Crull continued by stating that surveys conducted by the Traffic Engineering Division indicate that traffic flow has increased along Tenth Street south of McKenzie while deterring traffic north of Booty. He indicated that the contractor for the project is A. Ortiz Construction. Mr. Crull summarized by stating that the assessment roll is based upon the assessment ordinance. He indicated that there are two areas of major change which involve head -in parking where some concern has been expressed, noting that one concern is near the Morgan Avenue Baptist Church and the other concern is on Alameda Street by the Lutheran Church. Council Member Rhodes indicated that Twelfth Street does not seem very busy, and in answer to a question she posed, Mr. Crull stated that the residential street in the area carry about 700 to 1,000 vehicles a day. In answer to a question from Council Member McComb about restrictions for head -in parking, Mr. Crull responded by stating that head -in parking is not specifically allowed or prohibited by any ordinances. He explained that it has been the City policy to eliminate head -in parking but the City could adopt some type of controlling ordinance to accommodate that. Mr. Crull indicated that the design plan could be amended if it was the desire of the Council. In answer to a question from Council Member Moss, Mr. Crull stated that he recommends awarding the contract and initiating a change order if there are revisions to the plan. In answer to a question from Council Member McComb about closing Twelfth Street, Mr. Crull indicated that there are a number of residences which need public access to the street and there is a fire station which has driveways onto Twelfth Street. City Attorney George called as his next witness, Mr. George Paraskevas. Through questioning of Mr. Paraskevas, Mr. George determined that he is a real estate broker and appraiser; he has been appraising both commercial and residential property for seventeen years; and Mr. Paraskevas testified that he Is familiar with the project; he has examined each parcel and the assessment roll and is familiar with the project and the amounts proposed to be charged. Mr. George inquired of Mr. Paraskevas if in his opinion, each parcel along the street improvement project would be enhanced at least in the amount of the assessment. Mr. Paraskevas stated the preliminary assessment roll consists of 125 items and on most properties the curb, gutter, pavement and drainage have the appearance of being in good operative condition. He stated that it is his opinion that 22 pieces of property would not be enhanced at all; 55 should be assessed for sidewalks and driveways; 17 should be charged for sidewalks only; and 8 should receive a credit of 50% for the sidewalk; with the remaining 23 pieces of property assessed at full value. Mr. Paraskevas stated that he has provided staff with a chart which defines the degree of enhancement for each property. Minutes Regular Council Meeting July 18, 1989 Page 13 Mr. Crull indicated that staff reviewed Mr. Paraskevas' recommendations and support his recommendations for the adjustments to the assessment roll. In answer to a question from Council Member Moss, Mr. Crull stated that the recovery from the assessments would not be as great as the project. He stated that since this is a CDBG funded project, low and moderate income owners would be eligible for low cost loans thru the CDBG office. Mr. Sam Main, 922 Carmel, stated that he owns two pieces of property in the area and if Mr. Paraskevas recommendations are followed, he would have no objections. Mr. Everett Rodgers, 5737 Lynncrest, a member of the Baptist Church, stated that most of the chuch people are senior citizens and they need the angle -in parking. Mr. J. R. Keeling, an attorney representing himself and property owners on Tenth Street, spoke in objection to the improvements. He indicated that the curbs and gutters on Tenth Street are in excellent condition and it is wrong to spend taxpayers' money in replacing infrastructure which is perfectly good. Mr. David Rhew, 4125 Pompano, representing the Morgan Avenue Baptist Church, stated that there has been parking at the church for 58 years and to his knowledge, there has not been an accident due to a car backing from a parking space. Ms. Rita Robbins, 6380 Ohio, stated that she is speaking on behalf of Ms. Tommie Applewhite, 1310 Eleventh Street, who is in objection to the assessments because she cannot afford them. Ms. A. R. Elsie, 918 Rosedale, a member of the Baptist Church, spoke in favor of the angle -in parking. Ms. Pauline Campbell, 1533 Tenth Street, informed the Council that the drainage is very poor in that block and she hopes that the improvements would include better drainage. She also stated that the last street improvements were constructed in 1957. Mr. Rix Musslewhite, 1601-03 Tenth Street, property owner in the area between Morgan and Ayers, presented a petition from all the property owners in the three blocks of Tenth Street requesting that the portion of the street where the revocable easement was granted MHMR be rescinded so that the street can be opened. He stated that their petition also requests that no changes be made to McKenzie or Booty Streets as to the angle of approach or the width. Mrs. John R. Cantu, 1446 Twelfth Street, stated that she understands that because of her low income, her assessments will be paid by a grant from CDBG. Minutes Regular Council Meeting July 18, 1989 Page 14 Assistant City Manager Jesus Garza assured her that staff members will check this to see if she is eligible. Council Member Rhodes expressed the opinion that closing that portion of Tenth Street is ill-advised. Ms. Sylvia Westrup, 1612 Tenth Street, objected to the closing of Tenth Street and pointed out that the property owners were not consulted when the revocable easement was granted and the street was closed to traffic approximately two years ago. Mr. Henry Binz, owner of property at McKenzie and Alameda, requested that the Council consider the adjustments recommended by the appraiser. Mr. Crull explained that the adjustments recommended by Mr. Paraskevas are not included in the assessment roll before the Council but the changes have now been made. A gentleman in the audience objected to changes being made in the assessment roll without the knowledge of all of the property owners. Council Member Martin assured him that the assessments will only be adjusted downward. A motion was made by Council Member Martin that the hearing be closed; seconded by Council Member Schwing and passed unanimously. A motion was made by Council Member Rhodes that the assessment roll be amended to include the reductions recommended by Mr. Paraskevas and that the plans be amended to allow for the head -in parking at the churches. The motion was seconded by Council Member Martin and passed unanimously. City Manager Garza stated that staff will provide an explanation about the Tenth Street closing but it was his understanding that it is a revocable easement. * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Barry Pillinger, 6606 Clarion Drive, speaking on behalf of the Pharaoh Valley Neighborhood Association, read from a prepared statement in opposition to the expansion of the Oso plant. Mr. Pillinger summarized by urging the City to design the Southside plant instead of continuing to expand the Oso plant and to solve the omnipresent odor problems at the Oso. Ms. Helen Royal, 2911 North Shoreline, requested that there be a bus to the public beach on Corpus Christi Beach. Minutes Regular Council Meeting July 18, 1989 Page 15 Mr. Robert Reyna presented teabags to the Council and asked if the spirit of the tax revolt in 1776 is still alive today. He stated that he is proud to be a member of the Taxpayers Association, stating that elected officials' abuse of power will not be tolerated. Mr. John S. Talbot, 829 Egyptian Drive, representing himself and neighbors, presented material to the Council. He stated that he attended the workshop session on wastewater; he commented on various statements which were made by staff during the meeting; and he remarked about the Oso plant capacity. Mr. Talbot concurred with Mr. Pillinger's statements. Council Member Martin informed Mr. Talbot that the Council was presented a list of various alternatives regarding the wastewater plant and the real decision is which alternative the Council will choose. Discussion followed and in answer to a question from Council Member McComb relative to the definition of expansion in regard to the wastewater treatment plant, Assistant City Manager Jesus Garza explained the plan for the collection system and commented on plans for the Southside plant. Mr. Philip Rosenstein, 949 Bobalo, stated that he is in favor of public safety and spoke in support of two -person police patrol teams. Mr. Warren Wahpepah, 1337 Whitaker Drive, commented on the remains of American Indians at the Botanical Gardens which were dug up and requested that the remains be returned to the burial site. Dr. Miriam Wagenschein commented on the agreement between Corpus Christi University and the City pertaining to Hans Suter Park. She stated that the City does not have a trained, degreed sanitation engineer on the staff. She commented on the wastewater workshop session and expressed concern about the expansion of the Oso plant. A lengthy discussion of this issue followed, and Council Member Martin expressed the opinion that the City should study odor control and that staff should consider ways to increase the life of the Oso by sliplining and modification to the collection system which might involve repairs. He also stated that people should be told how they are to master plan their sewer lines. Mayor Turner urged staff to consider all the options that can be done relative to sliplining, modernization and odor control and how to extend the life term of the Oso plant until the time that a new plant is built. Ms. Linda Spiller, 7433 Spitfire, speaking on behalf of the Coastal Bend Audubon Society, read from a prepared statement in objection to the proposed expansion of the 050 wastewater plant. 1inutes Regular Council Meeting July 18, 1989 Page 16 Mr. Raymond Wimberly, 806 Alden Drive, spoke on an issue regarding the problems of alcohol in the City. He stated that he has written the City Manager letters in this regard and has received only one response. Mr. Mose Garrett, 1532} Kennedy Street, commented on designated shelters for people during the hurricane season. He asked if there are plans to designate buildings on the north side for hurricane shelters, and City Manager Garza responded by stating that staff is working on plans relative to that issue. * * * * * * * * * * * * * * Mayor Turner called for consideration and discussion of the budget. City Manager Garza stated that the staff would like to brief the Council on the Capitol Improvement Program and deal with the budget questions that the Council might have. Mayor Turner objected to discussing the CIP when the budget is imminent. City Manager Garza informed the Council that he was recommending that the budget be adopted next week and that the Council could reach a decision on what they wish to do on the CIP. Mayor Turner expressed the opinion that there is a need to discuss the things that they want included in the budget because there are items that the Council want funded that are not in the budget at this time. City Manager Garza emphasized the fact that the staff needs to know how much the Council wants included so that they can determine how those items will be funded. Mayor Turner then summarized the items that she thought reflected the Council's priorities as to what should be funded, as follows: (1) a need to fund the $400,000 deficit in EMS; (2) Career Center at the public library; (3) the Art Center in the amount of $7,500; (4) the increase in the number of police officers is something the Council needs to discuss; (5) pay increases for City employees -- possibly only for the rank and file employees rather than an across-the-board pay increase; and (6) increased funding for the Museum of Oriental Cultures, noting that $9,000 is included in the budget but they have requested an additional $9,000. City Manager Garza agreed that if the Council feels that they are well informed about CIP, then they might refer to the booklet that he had provided, and then make decisions on the items they want included in the budget. He reminded the Council of the extra funds that he projected would be available in the amount of almost $1 million and pointed out that decisions had not been made on the use of those funds. Minutes Regular Council Meeting July 18, 1989 Page 17 Mayor Turner then requested that the Council make a decision on the additional funding for the Museum of Oriental Cultures and on the continuation of funding for the Career Center in the amount of $30,000. She then enumerated the critical items that have not been addressed in the current budget. City Manager Garza stated that he could provide the Council with information on those items and the possible source of funding in their packets on Friday night. Council Member McComb expressed concern about the large amount designated for contractual services and stated that this should be decreased starting with the Mayor's office and continuing through all departments. He noted that this Code includes primarily money for memberships, meetings, training, and travel, and he felt that all of those services could be decreased by 10%, including the $14,400 in the Council's budget for car allowances. He stated that such a reduction would amount to a savings of approximately $1.2 million. City Manager Garza explained that he would prefer that the Council direct him to reduce the budget by $1.2 million and allow him to determine where the funds should be reduced, because there are some essential services included in some departments under the code for contractual services. Council Member Hunt inquired if the City had not ended the last few fiscal years with several million dollars in the reserve account and stated that he had no problem in spending those funds rather than having a large surplus at the end of the year. He also expressed the opinion that the $3 million in the trust fund accounts should be transferred to the General Fund to be used for other needs. Mr. Garza stated that he would do what he could about the trust fund accounts and pointed out that with the additional funds which he reported to the Council, which totals approximately $1 million, and if those funds were added to the proposed IC tax increase, there would be an additional $2.2 million available for various funding. Council Member Moss inquired about the increase in the telephone franchise tax, and City Manager Garza explained the complicated procedures that were involved in that action. He also informed the Council that lawsuits are in progress on Southwestern Bell Telephone Company tax increases levied in both Victoria and Mesquite, Texas. He stated that he might prefer to recommend an increase for a rather short period of time until those cases are resolved and negotiations are completed with Mr. Ron Maples of Southwestern Bell. Council Member Martin expressed support of Mr. McComb's recommendation that the budget could be reduced by $1.2 million but pointed out that those decreases should not have to be from contractual services because in most departments, that code could include some very essential services. He then questioned if the budget has to be adopted prior to August 1 in order to comply with the City Minutes Regular Council Meeting July 18, 1989 Page 18 Charter, and Mr. Garza stated that that is correct and the tax rate will probably be adopted the week after that. Mr. Martin stated that, since the budget must be adopted next week, some decisions should be made tonight so that the City Manager will have some idea as to what should be included in the budget. He urged that this be accomplished now rather than having to make a large number of amendments next week. He pointed out that a decision needed to be made as to what level of wastewater increase the Council intended to approve and stated that he would recommend that the Council reduce the proposed wastewater increase by $350,000. Mayor Turner agreed that those issues should be resolved immediately, and Council Member Guerrero suggested that the proposed tax increase should be addressed. City Manager Garza stated that he had a need to address the problem in the Parks Department in the amount of $56,000, and Council Member Martin recommended that this be taken care of through cuts as he had suggested in his memorandum the preceding week. Mr. Garza then asked the Council to address the 30 positions in the Police Department as recommended by Chief Olson who would like to increase the number of police officers by employing 11 civilians to replace some officers who work at the Police Station and adding 19 new police officers. Council Member Martin stated that he would support that very strongly since it is a good solution. Mayor Turner then called for a vote of the Council on the question of 30 additional police positions, and a majority of the Council indicated that they agreed that those additions should be on the street as soon as possible rather than waiting until January. City Manager Garza informed the Council that he was not sure that he would recommend the West Port Assembly station, and Council Member McComb stated that this should be deferred. City Manager Garza then addressed the issue of the sale of bonds, stating that the City needs to sell bonds for the matching State projects in an approximate amount of $3 million; the McKinzie project in the amount of $2.8 million should be funded; consideration should be given to bonds for improvements at the Airport as well as some financing for wastewater improvements. He speculated that the City needs to sell at least $6 million in bonds and recommended that this be planned for January, 1990. The Council Members offered no objections to this plan. Minutes Regular Council Meeting July 18, 1989 Page 19 City Manager Garza referred to the Career Development Center funding in the amount of $30,000 and expressed the opinion that staff can find some source of funds for this if the Council wants it continued. Council Member Guerrero objected to the continued funding for the Career Development Center which was established as the result of a grant, and now the City is being forced to fund it. Council Member Schwing agreed, noting that similar service is provided by TEC and PIC. Mayor Turner called for a vote on continuing the Career Center, and it was approved by the following vote: Turner, Guerrero, Martin, McComb, Moss and Rhodes voting "Aye"; Berlanga, Hunt and Schwing voting "No." The discussion returned to the subject of funding for EMS and City Manager Garza recommended funding the deficit for this service for the entire year in the amount of $400,000 because this would provide him with more time to negotiate with the County and the Hospital District. Mayor Turner asked if the Council agreed that the funding should be only through December in the amount of $200,000. No vote was taken, but the Council offered no objection to the six-month funding. City Manager Garza then brought up the funding for the Community Art Center and stated that he will prepare a fund package. Council Member Hunt recommended that the Palm Tree Trust Fund be utilized for this, and Mayor Turner stated that that was satisfactory with her. City Manager Garza pointed out that the Council had still not dealt with the West Port Assembly area for the police, and he was instructed not to deal with it. Mayor Turner inquired about the Council's position on the Museum of Oriental Cultures and ascertained that most of the Council wished to retain the funding at $9,000. Mr. Garza then asked the Council to address the issue of wage increases for the non-union employees and recommended that the Council authorize such a wage increase and allow the City Manager to recommend an increase up to a certain percentage at a time when he feels that the City can afford it. Mayor Turner again recommended a salary increase for the rank and file employees, not management. City Manager Garza suggested that he at least be allowed to increase the ranges of the management pay scale. Minutes Regular Council Meeting July 18, 1989 Page 20 Council Manager Martin expressed the opinion that the non-union employees should have an increase since the Fire and Police received one. He suggested that consideration be given to a plan whereby employees over a certain range not be given the increase, and Mr. Garza agreed that he would like to be allowed the authority to grant the salary increases a few months into the budget year when he felt funds were available. Council Member Berlanga suggested that the maximum increase be 3%. Council Member McComb referred to the tax increase and made a motion that a tax increase not be approved. Discussion followed on the source of funding without a tax increase. Mr. McComb repeated his motion that there not be a tax increase calculated in the formation of the budget. The motion was seconded by Council Member Hunt and failed to pass by the following vote: Hunt, McComb and Moss voting "Aye"; Turner, Berlanga, Guerrero, Martin, Rhodes and Schwing voting "No." Council Member Martin then referred to the proposed wage increase and expressed the opinion that funds would have to be appropriated for this purpose since it is a major item, and if the Council agrees that it is a priority, it should be funded as a part of the budget upon adoption. He stated that he thinks there should be an increase and he has no problem with instigating it later in the year as long as it is anticipated in the budget. Mr. Garza stated that it is his understanding that the Council recommended a Museum fee of $2.00 and the Museum Advisory Committee concurred. City Manager Garza then brought the golf fees to the Council's attention and stated that he would recommend a 10% increase and a $1.00 surcharge for cart paths. He stated that the Greens Committee recommended this. Discussion followed on the use of Street Division crews to construct the cart paths at the golf courses. Mr. Garza referred to the wastewater increase and stated that he would like to set up a line item in the budget to provide flexibility to perform necessary major repairs. Council Member Martin noted that the recommendation that he had made left $250,000 in reserve appropriations and $150,000 in unemcumbered revenues. He inquired about the effect on the rate increase if $350,000 were removed, and Assistant City Manager Jesus Garza replied that it would be $16.7% rather than 19.4%. The Council indicated their concurrence with this plan. Minutes Regular Council Meeting July 18, 1989 Page 21 City Manager Garza called for a discussion on the Sanitation fees and stated that they had met with various groups, including the Apartment Owners Association, and he recommends a $6 fee and a tipping fee of $10.00 Mayor Turner inquired about the possibility of increasing Municipal Court fees, and Mr. Garza stated that that is something that should be discussed with the Municipal Court Judges. Mayor Turner then requested a report on the CDGB funds including the projects that have been funded but not completed yet. Assistant City Manager Elizondo stated that he previously provided such a report but he will be glad to send the Council an updated one. Council Member Martin stated that he is amazed at the disparity in taxes among the cities served by Southwestern Bell Telephone Company and inquired about the possibility of adopting an ordinance increasing the franchise fee to 4%, noting that this would probably be passed on to the users. He then inquired if certain luxury services such as the sale of alcoholic beverages and cigarettes could be taxed by the City. City Attorney George explained that taxes on those items are established by the State and the cities receive a share of the taxes collected. On another subject, Council Member McComb asked about the slow progress on the Airline Road project, and Jesus Garza stated that he will provide a report on Friday. There being no further business to come before the Council, Mayor Turner adjourned the meeting at 7:50 p.m., July 18, 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 July 18, 1989, which were approved by the City Council on July 25, 1989. WITNESSETH MY HAND AND SEAL, this the /1541- day of 1989. / •-•—• Ietty Turne , Mayor Armando Chapa City Secretary