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HomeMy WebLinkAboutMinutes City Council - 07/25/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 25, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Hall. Council Members: Leo Guerrero Tom Hunt Clif Moss Joe McComb Edward A. Martin 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 Council Member Leo Guerrero following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. 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 Regular Council Meeting of July 18, 1989 and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner welcomed a representative from the Czechoslovakia Association of Physical Culture who introduced members of the Association and the tennis team from Prague, Czechoslovakia. Mayor Turner presented a Certificate of Commendation to the tennis team for their participation in the Sport For Understanding Program. Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: Patrick Veteto - Board of Adjustment; Patty Mueller - Housing Authority; James Abrams - Landmark Commission; Dr. Linda Cano and Captain Hilbert Dwayne Dean - Museum Advisory Committee. Council Member Guerrero noted that at last week's Council Meeting, it was the Council's understanding that Mr. Nick Reyna was not eligible for reappointment to the Private Industry Council. Mr. Guerrero stated that the MICROFILMED Minutes Regular Council Meeting July 25, 1989 Page 2 Texas Department of Commerce has verified that Mr. Reyna ts eligible to serve In that capacity; therefore, the following motion was passed unanimously by the Council with Council Member McComb abstaining. 1. M89-0208 Motion to reconsider the appointments made on July 18, 1989 of the private sector representatives to the Private Industry Council and appointment of replacements if indicated. Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: Private Industry Council Norma Bouillerce - Reappointed John H. Frederick - Reappointed Joe A. McComb - Reappointed Nick Reyna - Reappointed Robert L. Trask - Reappointed Richard B. Lear The following motion passed unanimously by the Council: 2. M89-0209 Motion appointing members to the U. S. Census Count Committee. Corpus Christi Complete Count Committee Javier Rechy-Colmenero Lamont Taylor James Wagner David Berlanga, Sr. Joe Martinez Rev. Bill Frazier Monsignor James Tamayo Dr. Ross L. Purdy Dr. Aaron H. Brown Art Delgado Dr. Sue Nelson Dr. Fred Zachary W. K. Claborn Ronald E. Rowell Liza Donnan Rick Rodriguez Judge Robert N. Barnes Daniel D. Scott Jay Nelson Phyllis Thomas Barbara Sellers * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 3 thru 25, and City Secretary Chapa informed the Council that Item No. 21 is an emergency ordinance. _nutes Regular Council Meeting July 25, 1989 Page 3 In answer to a question from Council Member Moss relative to Item No. 3 on approving a supply agreement for clay sewer pipe and fittings, City Manager Garza indicated that the City is presently considering the usage of PVC pipe but that it has not yet been approved. In answer to a question from Council Member Martin, City Manager Garza explained that the City's purchasing agent automatically reports any instances when there is a tie bid. Mr. Martin expressed concern about the closeness in the bids of two particular companies and stated that the City should make sure that these companies are two separate companies, and Victor Medina, Public Utilities Director, stated that Mission Clay is the manufacturer of the clay pipe and McAllen Pipe is just a distributor for Mission Clay. Council Member Guerrero made a motion to remove Item 3 from the agenda The motion was seconded by Mayor until staff has checked out the two companies. Pro Tem Berlanga and passed unanimously. On Items 4 thru 7 relative to the approval of City purchasing items, Council Member Moss expressed concern that these items were all presented at the last Council Meeting of the fiscal year. He Inquired if they are replacement Items and if there is a resale value for the items being replaced. City Manager Garza stated that the City has an auction once or twice a year depending on the amount of equipment that is available. Mr. Garza explained that he would like to have all the City's capital outlay purchased by the early part of the third quarter of the year. He indicated that the Purchasing Department is minus two buyers, noting that there are only three individuals doing the purchasing for the entire City. Relative to Item No. 6 on approving the purchase of three cleaning units, Council Member McComb expressed concern that approving and spending money for next year's budget which has approved, noting that two units are from this year's budget and year's budget. sewer vacuum this item is not yet been one from next City Manager Garza stated that this was a favorable bid on this item and is contingent on the funding being approved in the budget. Mr. Garza elaborated on the source of funding for each item. In answer to a question from Mayor Pro Tem Berlanga, City Manager Garza stated that the City transferred the storm drainage operation to the Water Department and they would be using the Vac/Con truck to clean out the storm sewers. Mr. Garza indicated that the two units for Wastewater Services are replacement units. In answer to a question from Council Member Martin, Victor Medina, Public Utilities Director, explained how the City presently performs the Minutes Regular Council Meeting July 25, 1989 Page 4 storm drainage, noting that there is an old 1975 vacuum truck which is being used. In answer to a question from Mayor Turner relative to Item No. 7 on approving the purchase of heavy equipment, Engineering Services Director, Victor Medina, indicated that the location of the operator's cab in the back of the vehicle is much safer for the operator to operate in tight, congested areas. Mr. Medina stated that there was a pre-bid conference and the specifications were discussed with the bidders. In answer to a question from Council Member Martin relative to Item No. 8 on miscellaneous roof repairs - 1989, City Manager Garza stated that this is a special project and if the roofs continued to leak, it would end up costing the City more money to repair the roofs. Mr. Garza indicated that the funding will be taken from the operations budget. Relative to Item No. 9 on the Police Station and Municipal Court Facility, Council Member Hunt expressed the opinion that the City has deceived the voters, stating that in the 1986 bond election, the voters approved funding for a new police building to be located on the current site. Mr. Hunt stated that the CP&L building is considered to be obsolete and he expressed concern that the City is throwing away good money. He stated that he will vote against this item because it is a bad deal and a waste of taxpayers' money. In response to a question from Mr. Hunt relative to how many square feet one-half a million dollars would add to the building, Mr. Garza stated that he would provide Mr. Hunt with that information. Mr. Garza pointed out that there is $450,000 in the budget for asbestos removal and demolition of the police and municipal court building, 120 North Chaparral. Council Member Guerrero concurred with Mr. Hunt and expressed concern that the price for asbestos removal is not firm and will end up costing the City more money, and City Manager Garza stated that he felt the removal of the asbestos will come within the budget, noting that this company, in addition to being the low bidder, is certified to do the work. Mayor Pro Tem Berlanga expressed the opinion that the purchase of the building was decided by the Council with the advice of engineers and consultants. He indiated that the Council was fully aware of the condition of the building and still made the decision to relocate rather than build a new building. Relative to Item No. 10 on repairing and repainting the Holly Road water storage tanks, Council Member Moss expressed company in Corpus Christi was interested in bidding the project City Manager Garza indicated that the actual budget for $300,000. exterior of the surprise that no this project was Minutes Regular Council Meeting July 25, 1989 Page 5 Relative to Item No. 11 on the dinosaur exhibit, COuncil Member McComb pointed out that this is an exciting project for the City. Relative to Item No. 12 on the Museum shipwreck exhibit, Council Member Moss expressed appreciation to the Friends of the Museum for obtaining the $200,000 donated to the Museum on behalf of the City. Referring to Item No. 14 on the agreement for psychological services, Council Member Martin expressed the opinion that this is a very good price for these services, and City Manager Garza stated that in the future, he would like to expand the services of Dr. M. Dee Koch to include other City employees. In regard to Item No. 16 on Waldron Park, Council Member Moss inquired about the cost of developing this park, and City Manager Garza responded by stating that the City would like to match it dollar for dollar. Assistant City Manager Hennings stated that there is $200,000 in the bond fund budget for this project. He stated that if the grant from the Texas Parks and Wildlife Department is approved, the total budget will be increased to $400,000. Mr. Hennings elaborated on the potential for developing the park. Relative to Item No. 17 on the City's Resolution for federal legislation pertaining to federal tax credit for the rehabilitation of historical buildings and for low-income housing, Council Member Hunt inquired about City plans for this area, stating that in view of the problem at HUD, he would recommend that the City put on hold any type of projects of this kind. He expressed the opinion that this would add to the federal deficit. City Manager Garza indicated that involved in historical structures and the investment for historical rehabilitation. Garza stated that a program was recently was directed to send a letter to HUD. Mr like to utilize the funds because there Corpus Christi. the City has a Landmark Commission City would like to encourage private Relative to low income housing, Mr. brought before the Council and staff . Garza indicated that the City would is a need for low income housing in Relative to Item No. 15 on marina slip rental rates, Council Member McComb inquired about the occupancy rate in the marina, and Sisu Morris, Marina Superintendent, responded by stating that the marina has been adjusting the number of slips and presently is in the process of removing 37 slips. She stated that excluding those slips which are being removed, there currently are 535 slips, 87 of which are leased to the Yacht Club, leaving the marina with 448 to rent. She indicated that the marina's occupancy rate is 76 percent excluding those slips. Ms. Morris continued further by stating that there are some names on a waiting list; people have chosen to remain on the list; and the marina can accommodate anyone who requests a boat slip. Mayor Pro Tem Berlanga expressed concern about the number of vacancies, and City Manager Garza explained that it is because of the economy. He stated that Minutes Regular Council Meeting July 25, 1989 Page 6 there is some indication that the rates are too high, notieg that the marina is requesting that the rates be maintained and adjusted rates be deferred for a couple of years. He stated that he does not believe the rates are out of line. There were no questions from the audience on Items 3 thru 25. City Secretary Chapa polled the Council for their votes and the following were passed: 3. Tabled Metem—epplyiNtilr-a-sulls4y—egINNmmme—fer—e4try--rNewer—p4pe-tnidigio--4n eteeerdenee—ariA4r-B44-4ev4+-a+4eft—No-r-B1-019-1-897--u4A41-44eAeft-P415t4lyr-en estImated--anneel—INflpentikttn=e—o-€41-2-.-34—beiNNI---on—los.7-134.4--meeting speeifleatlenfir--The-teTm-e4-mmitiAtes.14-13e--€er-Vwelye-menths-with eptien-te-emeend-fer-en-additienal-tweIve-mentes-subieet-te-the-appreval-ef the—stITT4.47er—imid—the-C4-ty-44-emlingenr-494-s—aimAwfftter--These-4rtembe used-by-the-Wastewater-Repertmentr 4. M89-0195 Motion approving the purchase of two minimum 10,500 GVWR cab & chassis with service body and aerial lift device and one minimum 16,000 GVWR cab & chassis with service body and aerial lift device from Mateco, based on low bid meeting specifications and low bid for a total of $127,909; and one hydraulic jib/winch from Commercial Body, based on only bid for $2,331. Total award is $130,240. This equipment is included in the 1988-89 Capital Outlay. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 5. M89-0196 Motion approving the purchase of eight coagulant flowmeters and five mass flowmeters in accordance with Bid Invitation No. BI -0276-89 from Rawson Company based on the low bid of $49,578.86. These items will be used by the Water Division and were included in the 1988-89 Capital Outlay Budget. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 6. M89-0197 Motion authorizing the purchase of three sewer vacuum cleaning units in accordance with Bid Invitation No. BI -0110-89 for a total amount of $338,185.26 from Underground, Inc., Pearland, Texas, based on low bid meeting specifications. Two units are for Wastewater Services. The one Minutes Regular Council Meeting July 25, 1989 Page 7 unit for Water Distribution is contingent upon City Codncil adoption of the 1989-90 Budget. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 7. M89-0198 Motion approving the purchase of three tractor -loader -backhoe units, one 3 -yard loader, two vibratory rollers, and one 12 ton roller in accordance with Bid Invitation No. BI -0267-89 as follows based on low bid and low bid meeting specifications. All items are included in the 1988-89 Capital Outlay Budget: Nueces Ford Tractor Corpus Christi, TX 3 ea. Tractor -Loader -Backhoe Total: $92,520 Anderson Machinery Corpus Christi, TX 1 ea. 3 Yd. Loader Total: $74,142 GRAND TOTAL: $210,348 Closner Equipment Co. San Antonio, TX 1 ea. 12 Ton Roller Total: $29,706 Grace Equipment Co. Corpus Christi, TX 2 ea. Vibratory Rollers Total: $13,980 The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 8. M89-0199 Motion awarding a contract in the amount of $132,366 to Haeber Roofing Company for roof repairs to various City buildings. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 9. M89-0200 Motion awarding a contract in the amount of $498,950 to J & J Insulation, Inc. for asbestos removal and demolition work at the Police Headquarters Building located at 120 No. Chaparral. The foregoing motion passed by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero and Hunt voting, "No." Minutes Regular Council Meeting July 25, 1989 Page 8 10. M89-0201 Motion awarding a contract in the amount of $208,400 to Blue Ribbon Lining & Painting, Inc. to repair and repaint the exterior of the Holly Road Water Storage Tanks. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 11. M89-0202 Motion approving an agreement with Dinamation International Corporation for an animated dinosaur exhibit at the Corpus Christi Museum from April 27 to September 5, 1990. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 12. M89-0203 Motion approving an agreement with the Friends of the Corpus Christi Museum authorizing them to utilize the Meadows Foundation Grant of $200,000 for contracting for the Shipwreck Exhibit production. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 13. M89-0204 Motion authorizing the City Manager or his designee to execute a contract for continued operation of the regional Interlibrary Loan Referral Center located at Corpus Christi Public Library for the year beginning September 1, 1989. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 14. M89-0205 Motion authorizing the execution of an agreement for psychological services in an amount not to exceed $42,200 ($25 hourly rate) for a period of one year with M. Dee Koch, Ph.D. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 15. M89-0206 Motion setting a hearing for August 1, 1989, during the Regular City Council meeting beginning at 2:00 p.m., on the appeal of Mr. Larry Morano Minutes Regular Council Meeting July 25, 1989 Page 9 from the decision of a permit vendor's permit authorizing the floats, tubes, surfboards, food the Padre Island Beach adjoining officer to deny hit application for a renting and selling of umbrellas, chairs, and beverages, and related beach items on the seawall. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 16. RESOLUTION NO. 20719 DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF CORPUS CHRISTI IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 17. RESOLUTION NO. 20720 EXPRESSING THE CITY'S SUPPORT FOR FEDERAL LEGISLATION PERTAINING TO FEDERAL TAX CREDITS FOR REHABILITATION OF HISTORIC BUILDINGS AND FOR LOW-INCOME HOUSING. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Martin, McComb, Rhodes and Schwing voting, "Aye"; Hunt and Moss voting, "No." 18. ORDINANCE NO. 20721 AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, SECTION 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE -- SCHEDULE AND REGULATIONS, BY POSTPONING THE SCHEDULED AUGUST 1, 1989 SLIP RENTAL RATE INCREASE FOR TWO YEARS AND ADJUSTING SUBSEQUENT YEARS' RATE INCREASES ACCORDINGLY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 19. FIRST READING AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH FIRST OFFICE MANAGEMENT, INC. DBA AMERICAN BANK PLAZA TO ALLOW THE INSTALLATION OF EIGHT LANDSCAPE PLANTERS IN THE PUBLIC RIGHT-OF-WAY OF LEOPARD STREET AND TANCAHUA STREET. Minutes Regular Council Meeting July 25, 1989 Page 10 The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 20. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SECTION 6-21, IMPOUNDMENT, SUBSECTION (F) TO AMEND THE FEE FOR ADOPTION OF UNCLAIMED ANIMALS SO AS TO EXCLUDE THE IMPOUNDMENT FEE. The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 21. ORDINANCE NO. 20722 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH P.A.W.S., THE GULF COAST HUMANE SOCIETY FOR USE OF CERTAIN PROPERTIES ADJACENT TO MEMORIAL COLISEUM, AND FOR THE PROVISION OF TRAFFIC CONTROL DURING THE PERIOD OF OCTOBER 16 THROUGH 21, 1989 FOR THE PRODUCTION OF A BENEFIT CARNIVAL. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 22. ORDINANCE NO. 20723 AUTHORIZING THE RENEWAL OF A FIVE-YEAR LEASE AGREEMENT WITH THE OSO PONY LEAGUE FOR THE USE OF A 15.4 ACRE PARCEL OF LAND IN SOUTH GUTH PARK FOR YOUTH SPORTS PURPOSES. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 23. ORDINANCE NO. 20724 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PIER LEASE WITH THE CORPUS CHRISTI YACHT CLUB PROVIDING FOR A REPLACEMENT PIER. The foregoing Ordinance passed on third reading by the following vote: Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Turner and Moss abstaining. 24. ORDINANCE NO. 20725 CLOSING AND ABANDONING A 5 -FOOT AND 10 -FOOT 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 Minutes Regular Council Meeting July 25, 1989 Page 11 EASEMENT IN LOT 9-A, BLOCK 1, FALLIN'S RIVERSIDE SUBDI/ISION; AND PROVIDING FOR REPLATTING OF THE PROPERTY WITHIN 180 DAYS. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 25a. ORDINANCE NO. 20726 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. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 25b. ORDINANCE NO. 20727 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(b), 104.2(a) AND (b), 106.3, AND 106.4; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 25c. ORDINANCE NO. 20728 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 third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 25d. ORDINANCE NO. 20729 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, Minutes Regular Council Meeting July 25, 1989 Page 12 BY AMENDING PARAGRAPHS B AND C; PUBLICATION. The foregoing Ordinance passed Turner, Berlanga, Guerrero, Hunt voting, "Aye." PROVIDING on third Martin, FOR SEVERANCE; AND PROVIDING FOR reading by the following vote: McComb, Moss, Rhodes and Schwing 25e. ORDINANCE NO. 20730 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 third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Before the lengthy discussion of the budget and budget -related items, Mayor Turner announced the Public Hearing on closing and abandoning Travis Avenue between Schanen Boulevard and Dublin Drive in Schanen Estates. No one from the audience spoke in objection to the street closure request. A motion was made by Council Member McComb to close the public hearing; seconded by Council Member Rhodes and passed unanimously. * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 37. Application No. 689-4, Mr. Gene A. Ritter: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 1, Block 1, Candlewood Addition No. 4, located on the southeast corner of Airline Road and Williams Drive. Mayor Turner noted that the Planning Commission's recommendation is denial, and in lieu thereof, grant a special permit for signage in accordance with "B-4" General Business District regulations provided that lighting be directed away from any adjacent residential uses and that the Planning Staff recommends approval of the above application. Planner Alice Terrall located the area on the zoning and land use map and showed slides of the vicinity. Minutes Regular Council Meeting July 25, 1989 Page 13 Mr. Brandol Harvey, Director of Planning, stated that Staff feels that this location could be "3-4" zoning but the Planning Commission expressed concern for those adjacent residential uses and preferred a special permit to allow the signage and restrict the uses. Mr. Harvey indicated that a special permit or "3-4" zoning is acceptable to staff. No one spoke in opposition to this application. Mayor Turner inquired if the special permit was acceptable to the applicant and the answer was affirmative. A motion was made by Council Member Rhodes to close the public hearing; seconded by Council Member McComb and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20736 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GENE A. RITTER BY GRANTING A SPECIAL PERMIT FOR SIGNAGE IN ACCORDANCE WITH "3-4" GENERAL BUSINESS DISTRICT REGULATIONS PROVIDED THAT LIGHTING BE DIRECTED AWAY FROM ANY ADJACENT RESIDENTIAL USES ON LOT 1, BLOCK 1, CANDLEWOOD ADDITION NO. 4; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent. * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 38. Application No. 689-2, American Development Company: For a change of zoning from "3-2" Bayfront Business District to "3-6" Primary Business Core District on Lots 8 and 10, Block 5, Brooklyn Addition, located on the east side of East Surfside Boulevard, approximately 50' south of Breakwater Avenue. (Attachment 1/37) Mayor Turner noted that both the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant a special permit for an artist studio, retail and restaurant development with four conditions. Planner Alice Terrall located the area on the zoning and land use map and showed slides of the vicinity. Director of Planning, Brandol Harvey, provided background information and explained the recommendation, noting that there are four conditions of the Minutes Regular Council Meeting July 25, 1989 Page 14 special permit: 1. parking to be provided within 2,000' of'subject property; 2. frontyard setback waived on lot 10 and for structures above 18' in height and minimal support columns on lot 8; 3. landscaping to meet ordinance requirements in 20' street yard of lot 8; and 4. signs, fences, or other non -landscape elements located in the 20' street yard of lot 8 shall not exceed 3' in height. He stated that in terms of policy statements which the Council has adopted, the planning staff is in the process of developing a North Central Area Development Plan. He explained that staff felt that the request for "B-6" zoning was inappropriate. He noted that the special permit which was proposed indicates that parking will be provided but it will be remote parking. Mr. Harvey continued by stating that the City did receive comments in opposition to this application and the twenty percent rule will be in effect. Mayor Pro Tem Berlanga inquired about the completion date of the master plan for the area, and Mr. Harvey responded by stating that the Planning Commission had their first public hearing last week; they are continuing their discussions in public hearings; and a recommendation will be forthcoming to the Council within a month. Mr. Berlanga expressed the opinion that he did not think zoning changes should be made at this time until the Council has been provided the plan, and Mr. Harvey explained that this type of development is in conformity with the proposed plan. Council Member Guerrero stated that the zoning could not conform to the plan because it is not proper zoning and a special permit is being recommended. He concurred with Mayor Pro Tem Berlanga and expressed the opinion that the zoning is hodge-podging. In answer to questions from Council Members, Mr. Harvey explained the offsite parking relative to this application; he also commented on the parking for the aquarium; and he remarked about a parking garage from a previous zoning application. Relative to the zoning application, Mr. Harvey stated that staff and the Planning Commission felt that the provision of parking away from the waterfront would allow a more high-intensity use of the waterfront land. Council Member Rhodes indicated that there was a similar request from a restaurant and the Council sent it back to have the parking arranged, pointing out that on this application the parking is arranged. She stated that the Council should stay consistent with the zoning changes and she expressed the opinion that the Planning Commission and staff's recommendation is appropriate. Mr. Harvey stated that the City does have a comprehensive plan in place for Corpus Christi Beach; it was adopted in 1984 and updated by policy statements in 1987; and the application is supported by the current comprehensive plan. Mr. David Royal, 2801 North Shoreline, commented on a letter which he filed in the City Secretary's office relative to an insufficient notice of the public hearing relative to this zoning application and an inadequate public notice to the public. Mr. Royal read his letter verbatim and suggested that the item be Minutes Regular Council Meeting July 25, 1989 Page 15 removed from the agenda and staff be instructed to follow t'he proper procedures relative to this application. City Attorney Hal George indicated that there are two notices which are required, one is to the property owners, stating that he does not believe it was inadequate notice because the heading of the notice was correct. He stated that the second required notice is a publication in the newspaper which he believes was adequate notice to the citizens. Mr. George stated that due to the technical allegations indicated by Mr. Royal, the Council may want to consider tabling the application so that the appropriate letters could be sent. Discussion followed and Council Member McComb made a motion to table this item and send the application thru the proper procedures. The motion was seconded by Council Member Guerrero and passed by the following vote: Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Martin voting, "No"; Turner abstaining. 38. Sent to Planning Commission AMENH;NG --T4.14i—ZDN-INC--ORD;NANGE-4RON--AP44,-ICAT4044- -411€714-1:01641--DEVELGPMENT GeMPANV-43-Y--GRANT;NG-41--8PEC4Ai.--116144PB-4-.AR4q£4--STURIOr-41B-14A4r-AND RESTAURANT—DEMBLO-PMEN-17--WiTH-+FR4F-GGNBPPIONS-£44-4=GPS--8--AND--407--B14WA--5T BROGIGYN-ABD;T;ONt-AND-DEGLARING-AN-BMERGENGVT Council Member Hunt stated that he disagreed with City Attorney George's assessment. He referred to the notice sent to the property owners, expressing the opinion that it is pretty clear that the notice was inadequate. Mayor Turner declared a ten-minute recess. * * * * * * * * * * * * * Mayor Pro Tem Berlanga reconvened the Council Meeting and Council Member Schwing referred to the previous zoning application. After a short discussion, a motion was made by Council Member Guerrero to remove from the table Item No. 38. The motion was seconded by Council Member Schwing and passed by the following vote: Berlanga, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes voting, "No"; Turner abstaining; Council Member Schwing made a motion to instruct staff to send Item No. 38, Zoning Application No. 689-2, back to the Planning Commission to look at the whole project again and for consideration of "B-6" zoning for the entire area instead of piecemealing it one property at a time. The motion was seconded by Council Member Guerrero. Council Member McComb inquired if the City is going to prorate the zoning fee for the other applications, and City Manager Garza responded in the Minutes Regular Council Meeting July 25, 1989 Page 16 negative, stating that staff would like direction from the"Council. He stated that there are other investors involved and he would not want to hold them up. Discussion followed and Council Member Schwing reworded his motion, moving to instruct the staff to resubmit the application to the Planning Commission to initiate and appropriately process, on behalf of the City, an application or other appropriate action to rezone this neighborhood, bordered by Pearl Street (S), Coastal Avenue (N), the Harbor Bridge (W), and Corpus Christi Bay (E), in its entirety from "3-2" to "3-6." The motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Moss and Schwing voting, "Aye"; Martin, McComb and Rhodes voting, "No." * * * * * * * * * * * * * There were no reports from the City Manager, the City Secretary or the Council Members and there were no petitions from the audience. Relative to Item No. 38 on the Submission of the 1989 Certified Appraisal Roll, City Manager Garza conveyed to the Council the Appraisal Roll, as required by the State Property Tax Code. He stated that next week, after appropriate publication of the effective tax rate, the Council will be provided the tax levy. Relative to Item No. 26 on the Adoption of FY 89-90 Operating Budget, City Manager Garza explained the revisions to the budget as directed by the Council at last week's Council Meeting and other revisions due to the adjustment of the tax base. Mr. Garza then discussed the expenditures, offering an explanation of the changes and additions in the expenditures. Mr. Garza then commented on the tax office consolidation. Council Member Hunt requested a breakdown of the expenditures and costs relative to the consolidation of the tax office, and City Manager Garza indicated that he will provide that information to Mr. Hunt. Mr. Garza stated that the City was able to charge off some of its overhead expenses or indirect costs to the cost of collections. He stated that overall, the tax consolidation will be a savings to the taxpayers. Mr. Garza then explained the proposed cost -of -living adjustments and commented on the proposed adjustment of the managerial ranges. Council Member Hunt expressed concern about the high level of compensation for some City managerial employees. He then requested a list of corresponding positions in other cities relative to wage scales. City Manager Garza stated that the Classified Employees of the City will receive a 3 percent cost of living increase effective the third quarter of the fiscal year or February 1, 1990. Minutes Regular Council Meeting July 25, 1989 Page 17 Council Member Hunt objected to Management Employees receiving such a large increase, and Mr. Garza stated that he is only increasing the ranges of all employees to keep them in proper alignment and including management but assured the Council any salary increases they receive will be based on merit alone. Council Member Guerrero pointed out that all Union Employees have received raises; the Non -Union Employees have not received raises; but this does not resolve Mr. Hunt's concern about the high managerial staff's salaries, some of which are really not deserving of an increase in salary range. City Manager Garza assured the Council that the best safeguard that the City has is that this City is operating in accordance with the local market and they do have comparisons with other cities. Mayor Turner expressed the opinion that the Council needs to see competitive wages because they are being asked to increase salary ranges and the Council has not been provided with any reasons to do so. She expressed the opinion that increasing the ranges would result in over compensation through the merit increases. City Manager Garza stated that the entire schedule needs to be considered and agreed that possibly some positions are too highly paid but some are too low. Council Member Hunt returned to the subject of reserved balances in the General Fund at the end of the year and enumerated the balances between the years 1985 and 1988, noting that they ranged from over $4 million to a high of $7 million in 1986. He expressed the opinion that there is no need to have those kinds of balances at the end of the year in the General Fund. Mr. Garza pointed out that his position is that the budget should contemplate at least $1 million, but he felt that $2 million is really too low and $4 million is a more comfortable figure. City Manager Garza explained the changes that were necessary as opposed to what the Council tentatively approved last week. He stated that the staff is planning to use the 1 cent tax increase strictly for the Police Department. He explained that he had discovered over the weekend that there was an error in the total revenue figure in that they had not removed the revenues that would have been realized from the Tax Office, and he would like to have the Ordinance corrected by motion before the Council votes on it. Council Member Moss referred to the City the sale of bonds so that the first payments 1990. He inquired as to when that sale should It would probably be in January or February of Manager's recommendation to delay would not be due until August of occur, and Mr. Garza replied that 1990. Council Member McComb inquired about the number of unfilled positions that are included in the budget, and Budget Director Dan Hobbs replied that there are an average of 70 vacancies which represented a total of about $1 million. Minutes Regular Council Meeting July 25, 1989 Page 18 Mr. McComb questioned whether or not the City has a godd plan for improving public safety and also pointed out that the only thing that the Council has agreed to is adding 30 new police personnel which would just increase numbers, possibly not the efficiency of the department. He suggested that rather than hiring 30 new people, the City should implement the computerized dispatch process which could be paid for out of the drug fund. Mr. McComb repeated his earlier suggestion that contractual services be reduced. He stated that if this category were decreased 8 percent, $667,000.00 would be realized. Mr. McComb also referred to the proposed Wastewater Increase which is tied to the amount of water use and suggested that to encourage water consumption, the water rates should be decreased; otherwise, the water would be lost through evaporation. Mr. McComb then referred to Mr. George Moff's letter in which he stated that a $5 billion loss in value occurred because of exemptions including homestead exemptions, the over -65 homestead exemptions, etc. He stated that this is a $5 million loss to the City. He stated that he had a problem in approving an increase in taxes while there are so many tax exemptions. Mr. McComb then suggested that if there are 70 vacancies, then those vacancies should not be filled. Council Member Hunt stated that the over 65 exemption equates to about $1,100,000.00, and City Manager Garza stated that it is actually $1,250,000.00. Mr. Hunt expressed his opposition to the tax increase and read a letter from Mr. George Gaines of Western Steel Company pointing out that the business community is having difficulty already and such increases will further damage their positions. Council Member Moss stated that he would not object to a tax increase if he felt sure that it was being properly spent. Mr. Moss then made a motion that a Council Committee be formed to consider an administrative audit to study the management of the City. The motion was seconded by Council Member Hunt. Council Member Rhodes pointed out that the Council Members who voted against the tax increase are those who want to spend large sums of money for other things. She expressed the opinion that she felt it was very comfortable to have a large reserve amount at the end of the fiscal year. Council Member Guerrero expressed the opinion that the idea of an audit should be recommended by the City Manager, and he objected to this effort to undermine the City Manager by requesting an audit. Council Member Moss stated that he had discussed this matter with Dr. John Richards of Corpus Christi State University about a management audit, and he felt that this would be in order. Mr. Moss expressed the opinion that it would actually help the City Manager. Mr. Hunt pointed out that this is the usual practice for large corporations and private companies and it is actually meant to help Mr. Garza. Minutes Regular Council Meeting July 25, 1989 Page 19 Mayor Turner stated that, in her opinion, an adminiStrative audit would reflect good management and would be a helpful tool to assure the public that their money is being well spent, and it will also help the City Manager. Council Member Martin stated that he would like to clarify the motion and stated that he understands that the motion is that the City Council will set aside a certain amount of money for a study and that the Council will form a committee to work with the City Manager to establish the parameters of such a management study for selected City departments. City Manager Garza stated that an administrative audit has some negative connotations to it and that the staff might be concerned about it, but he agreed that a productivity audit would be helpful and that he could see the benefit of that kind of study. Council Member Schwing related the fact that he had employed a management team to study his business and that he felt that the money was well spent and that his company was more productive after he put their suggestions into practice. Council Member Moss restated his motion that the Mayor appoint a committee of the Council to work with the City Manager to authorize an administrative audit of select City departments, to determine how much will be spent on the audit, and come back to the Council with a recommendation. The motion was seconded by Council Member Schwing. Council Member Berlanga stated that he would like to see this committee get together with the City Manager to discuss the issue of an audit. Council Member Rhodes alleged that this management audit has already been decided upon by the Mayor and certain members of the City Council. She pointed out that even the firm has already been selected to perform the audit. Council Member Martin stated that he would like to suggest that that firm not be considered at all. He then clarified the motion and suggested that it read as follows: That the City Council amend the budget to include an amount to be determined later to allow that during the year a management study/audit would be conducted on select City departments based upon the recommendation of the City Council Committee and the City Manager and that they report back to the City Council with their recommendation, following which proposals will be sought and the selection will be approved by the City Council. The wording was acceptable to the maker and second of the motion. Mayor Turner called for the vote on the motion and it passed as follows: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, and Schwing voting "Aye"; Rhodes voting "No." (1189-0210) Council Member Martin then inquired of the City Manager if the sale of the bonds could be delayed until March or April, and City Manager Garza stated that that could be done. Mr. Martin then inquired that if there is a delay if the City is jeopardizing any of the projects that have already been funded by the State, and City Manager Garza expressed the opinion that the staff will be able to work with the State on the P.A.S.S. program and they would have to amend the Minutes Regular Council Meeting July 25, 1989 Page 20 Capitol Improvement Program. Mr. Martin then questioned" the possibility of funding the San Juan street improvements, and Assistant City Manager Elizondo stated that they could probably advance some funds from other CDBG projects to fund the San Juan street improvements as soon as they are ready to go out for bids. Council Member Martin then referred to the golf cart paths and inquired if the one dollar surcharge was to pay for this, and City Manager Garza stated that it was. Council Member Martin then pointed out that a large amount of the budget is based on one-time revenues and expressed concern about this. City Manager Garza concurred that that was the situation and that he was also concerned about it. Mayor Turner inquired about the 3 percent salary increase and asked about the impact on the budget, and Mr. Garza replied that it would amount to $439,000.00. Mayor Turner then referred to the 70 positions that are in the budget but not filled at this time; suggested that consideration be given to decreasing the contractual services by 5 percent except for the Fire and Police; and suggested that if there were enough funds in the drug fund, that the computer system be purchased for the Police Department. City Manager Garza stated that this could be purchased over a three-year period. Mayor Turner suggested to increase the classified positions as recommended but take the remaining amount and cut it by half to be used for the management merit pay increases, but not to give the whole three percent, simply to allocate funds to department heads so that they would be very selective in who receives merit pay increases. City Manager Garza disagreed with that suggestion and provided an example from another city. He stated that there is internal equity in the system and has kept the City competitive. Mayor Turner referred envelopes which are provided changes, one being that the could be doubled each month; the postage. to City parking tickets and the postage prepaid to individuals who are ticketed. She suggested two increases in the amounts, until the ticket is paid, and secondly, that the City should not have to pay Mayor Turner declared a recess at 6:15 p.m. * * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 6:40 p.m., and the Council continued the discussion of the budget items. Minutes Regular Council Meeting July 25, 1989 Page 21 Mayor Turner inquired if the computer system for the tolice Department is in the proposed budget, and City Manager Garza replied that it is not. Mr. Dan Hobbs, Budget Director, stated that the estimated total cost for the computer system is approximately $800,000 and could be obtained through a lease -purchase agreement over a five-year period. City Manager Garza then explained some of the other uses of the drug funds in the Police Department. Mayor Turner inquired if it would be possible to fund the first phase of the computer system in this year's budget, and Mr. Garza stated that he felt that the staff could handle that. Council Member McComb then made a motion that the 70 vacant positions in the budget be frozen for six months which would generate one-half a million dollars; reduce the contractual services in the budget, excluding the contractual services in the Fire and Police Departments, by 8 percent which would generate funds in the amount of $667,000.00; and then eliminate the 1 cent tax increase. The motion was seconded by Council Member Guerrero. Council Member Hunt inquired if the sale of park land had ever been considered, noting that there are many small parks that are not being utilized. After further consideration, Council Member Guerrero withdrew his second to Mr. McComb's motion, and Council Member Rhodes then seconded the motion, stating that she was doing so in order to continue the discussion of the issues presented. Council Member Rhodes pointed out that to just eliminate the 70 vacant positions was wrong because the Council was not aware of the consequences of such an action. She also questioned the portion of the motion that recommended the reduction of contractual services by 8 percent. Council Member Rhodes then withdrew her second to Mr. McComb's motion. Mayor Turner declared that the motion failed for lack of a second. Council Member McComb stated that he would separate his motion and then made another motion that the Council instruct the City Manager to freeze the 70 vacant positions that are funded in the budget for at least six months. Mayor Turner inquired about the length of time that those vacancies had been in existence, and City Manager Garza stated that they have not been vacant for very long but is the usual turnover that the City always experiences and most of the positions should be filled. He stated that the only one that has been vacant for some time is the position for Director of Risk Management, and he is studying that department for a possible revision in the duties. Council Member Martin suggested that if the Council agrees that some positions should be eliminated, the best procedure would be to ask the City Minutes Regular Council Meeting July 25, 1989 Page 22 Manager to eliminate 70 positions out of the budget as a cot saving measure and let him make the decision as to which positions were not essential. He explained to the Council that there are a number of things that are funded out of unused salary balances such as vacation pay and sick leave accumulation for employees who are retiring. He stated that rather than eliminating those particular 70 positions, the Council should identify services that can be cut and tell the City Manager to eliminate services and let the Council know what the impact would be. He also stated that they should be permanent cuts, not just for six months. Council Member Hunt reiterated his suggestion about reducing the amount of the ending balance each year. He stated that he is very pleased that this Council is moving forward to the administrative audit, and, in his opinion, the Council should wait until the study has been completed, and if the consultants make the recommendation that fewer employees should be employed, as vacancies occur the number of employees could be reduced by attrition. Council Member Martin suggested that the Council move ahead to try to get something accomplished and suggested that Items 27-35 be considered, following which they would return to the decision on the budget. City Manager Garza stated that the appropriation amount in Ordinance Number 26, which adopts the budget, needs to be amended to change the appropriation amount. Council Member Guerrero pointed out that City Manager Garza had informed the Council that next year the City will be $5 million in the red in next year's budget, and City Manager Garza stated that that was correct. Mayor Turner then called for discussion of Items 27-35. Council Member Martin referred to Ordinance No. 27 pertaining to the Capital Improvement Program and inquired if when the Council adopts the CIP, would they also be approving the sale of Certificates of Obligation for wastewater improvements, and City Manager Garza stated that that is correct. He stated that this Ordinance approves the financing of projects on a long-term basis, but each project will come back to the Council for their approval before the project commences. Mayor Turner noted that the Southside Plant is not included in this CIP, and City Manager Garza explained that the staff has pointed out what they feel is the correct business approach and they do not recommend inclusion of funds for the engineering and planning of the Southside Plan at this time. He assured the Council however that if they make another decision on the Southside Plant, the staff will do whatever they can to implement the Council's direction. He pointed out that to start the Southside Plant earlier than predicted would require a large increase in the rates and other ingenious financing. Be stated that the only thing being done right now is the purchase of the land for the Minutes Regular Council Meeting July 25, 1989 Page 23 Southside Plant, and $1 million would be required in thisAbudget for planning and design. Council Member Rhodes inquired if there is anything in this Capital Improvement Program that will force the Council to expand the Oso Plant, and City Manager stated that he did not think so. Council Member Rhodes continued by stating that she had had an idea that she wanted to present to the Corpus Christi Area Economic Development Corporation, but she did not want to initiate discussion of this issue at this time. She inquired if in adopting the budget, the City is automatically allocating all of the funding to the Area Economic Development Corporation, and City Manager Garza stated that the funds are apportioned over the entire year. Council Member Rhodes continued by stating that once the Council approves the budget if they would have any leverage with the Economic Development Corporation and the Corpus Christi Area Convention and Visitors bureau. City Manager Garza explained that the time to bring up something pertaining to this would be when their contracts are up for renewal. Council Member Martin expressed the opinion that the City has a two-year contract with the Area Economic Corporation and the triggering mechanism is appropriation of funding, it would be appropriate to discuss this with the adoption of this budget. He explained that if the City holds back funds for a group at this time, that would not be a violation of the contract and in his opinion anything that the Council wants to do, they would have the leverage to do so. He suggested that Council Member Rhodes bring this up at a later time. Council Member Rhodes stated that in regard to the pawn shop issue, she would like to ask that this be on the agenda in two weeks. Mayor Turner returned to a discussion of the CIP and stated that there should be an amendment to include the engineering and planning for the Southside Plant in the project plan. Council Member Hunt stated that he would like to see that $290,000.00 designated for the Oso Plant be diverted towards the Southside Plant. Council Member Martin stated that a lot of work needs to be done on the wastewater program, and he thought that the Council needs to consider several things. He stated that he did not see how funds could be included in this year's budget but that he would like to recommend that the project list of the CIP be amended to include the preliminary engineering on the Southside plant and the 1989-90 portion of CIP, knowing that they will have to have a full discussion during a workshop meeting on the matter, the motion was seconded by Council Member Rhodes and passed unanimously. Mayor Turner called for comments from the audience on Item Number 27. Minutes Regular Council Meeting July 25, 1989 Page 24 Mr. J. E. O'Brien, 4140 Pompano, inquired if the City touncil was aware of just what they were approving in the Capitol Improvement Program for the years 1990-94, pointing out that the support material did not have any projects listed for the later years. Council Member Martin explained to Mr. O'Brien that the Council had received about three weeks ago a very large book that listed the proposed five-year Capital Improvement Program, and the material received on Friday just addressed a few of the projects. Mr. Lewis Lovelace, 1549 Casa Grande, inquired about the absence of Council Member David Berlanga who is the representative from Council District 2. He expressed opposition to the increase in taxes and expressed the opinion that staff should cut expenses instead. He referred to several hundred thousand dollars that remain in the Trust Funds; expressed the opinion that the City is overstaffed and they are also overpaid; yet there is a movement to increase the management staff's salary ranges. He stated that their salaries should be reduced, not increased. Mr. Philip Rosenstein encouraged the Council to continue their discussion and suggested that they listen to the recommendations of Council Member McComb. He also expressed the opinion that the Fire and Police Departments deserve everything that they are receiving. Mr. Barry Pillinger, 6606 Clarion Drive, representing the Pharaoh Valley Neighborhood Association, urged that the Council get the planning and engineering started on the Southside Plant. He also objected to the inclusion of funds in the budget for the expansion of the Oso Plant. Mr. J. E. O'Brien, 4140 Pompano, addressed the Council again in regard to Ordinance Number 26, adoption of the budget, and stated that the executive committee of the Taxpayer's Association voted to oppose any tax increase and the proposed fees to be charged at the museum. He pointed out that the voters turned down the museum expansion; yet the City went ahead and arranged for that expansion. He stated that there is no necessity for an increase in the tax rate because the Water Fund has a very large reserve and the Trust Fund Accounts have not yet been eliminated. Mr. O'Brien continued by referring to performance pay that is budgeted in the amount of $600,000.00 and suggested that that be eliminated. He reiterated that taxes should not be increased. Mr. Pillinger spoke again about the increase in Police funding and the computer system. He noted that Chief Olsen was present earlier in the meeting but that he was not present now, and he inquired about the value of the computer system and if it would be instrumental in increasing uncollected fines. Council Member Rhodes noted that the Council has not dealt with their own budget and then made a motion that the funds designated for a car allowance be removed from the Council's budget. The motion was seconded by Council Member Moss and passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Minutes Regular Council Meeting July 25, 1989 Page 25 Rhodes, and Schwing voting Aye; Guerrero voting No; Berlangh absent at the time the vote was taken. City Manager Garza stated that if the Council planned to adopt Ordinance Number 26 at this time, there is a need to amend Section 1 as it relates to the figure covering the proposed expenditures and the estimate of revenues. He stated that that figure should be changed from $282,621,641.00 to $282,581,350.00. A motion was made by Council Member Rhodes that the Budget Ordinance be amended accordingly; seconded by Council Member Martin and passed unanimously by those present and voting. City Secretary Chapa called for the vote on Ordinance No. 26, as amended, and it failed to pass by the following vote: Turner, Martin, Moss, and Rhodes voting "Aye"; Guerrero, Hunt, McComb, and Schwing voting "No"; Berlanga absent at the time the vote was taken. City Secretary Chapa announced that the vote was four to four and the Ordinance had failed to pass. 26. FAILED TO PASS ADOPTING AND APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1989, AND ENDING JULY 31, 1990, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH COUNTY CLERK UNDER TEXAS BUDGET LAW; APPROPRIATING MONIES FOR SAID BUDGET; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. * * * * * * * * * * * * * A suggestion was made by Council Member Martin that the Council take a five minute recess at 7:43 p.m. * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 7:50 p.m. and recognized Council Member McComb. A motion was made by Council Member McComb to reconsider the motion deleting the $14,400.00 car allowance from the Council Members' budget. The motion was seconded by Council Member Hunt and passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, and Schwing voting "Aye"; Rhodes voting "No"; Berlanga absent at the time the vote was taken. A motion was then made by Council Member McComb to reinstate the car allowance in the Council's budget. The motion was seconded by Council Member Martin and passed by the following vote: Turner, Guerrero, Hunt, Martin, Moss, and Schwing voting "Aye"; McComb and Rhodes voting "No"; Berlanga absent at the time the vote was taken. Minutes Regular Council Meeting July 25, 1989 Page 26 City Secretary Chapa polled the Council for their votes on the Ordinance adopting the budget as amended and it passed as follows: 26. ORDINANCE N0.20731 ADOPTING AND APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1989, AND ENDING JULY 31, 1990, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH COUNTY CLERK UNDER TEXAS BUDGET LAW; APPROPRIATING MONIES FOR SAID BUDGET; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. An Emergency was declared and the foregoing Ordinance passed, as amended, by the following vote: Turner, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye"; McComb voting, "No." Berlanga absent. City Secretary Chapa polled the Council for their vote on Ordinance No. 27 and it passed as follows: 27. RESOLUTION NO. 20732 ADOPTING AND APPROVING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR YEARS COMMENCING IN FISCAL YEAR 1989 AND ENDING IN 1994. The foregoing Resolution, as amended, passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga absent. Council Member Moss referred to Ordinance No. 28 which is the Ordinance amending the Compensation and Classification Plan and made a motion that Section 951.4 relating to vacation and sick leave accrual be amended to limit accrual to one year. The motion was seconded by Council Member Guerrero. City Manager Garza explained that there is already a limit of 30 days accrual in the new plan and all employees who were employed by the City after the effective date in 1988 must be on the new plan which does limit the number of days that may be accrued. He stated that only those who elected not to accept the new plan were still eligible to accrue unlimited vacation and sick leave days. He stated that he would very strongly urge that the Council not do anything at this time because there are certain things that were agreed upon when people were employed. He pointed out that this would be making a major change in the comprehensive plan and he did not believe that the Council should take those kinds of actions without any forethought. Council Member McComb stated that he agrees with Mr. Moss but that he realizes that such a change needs more study. City Manager Garza pointed out that the Comprehensive Plan was so amended just last year. Minutes Regular Council Meeting July 25, 1989 Page 27 Mayor Turner inquired if this could be tabled, and' City Manager Garza assured her that the Council's voting on this Ordinance does not preclude considering a change at a later date. He emphasized the fact that such a change would have a far-reaching effect on employees. Mr. Garza then proceeded to explain the old plan and the new plan which includes disability insurance with a 30 -day maximum vacation accrual and payment of only 45 days of sick leave upon retirement. He also reminded the Council that they pay 180 sick leave days for police and fire, according to state law, and unlimited number of vacation days upon retirement. Council Member Berlanga returned to the Council meeting at 8:07 p.m. Council Member Rhodes pointed out to the Council that this entire plan was discussed at length just last year at the time the changes were made. Council Member Martin pointed out that the section to be corrected is 952.2 rather than the one cited by Mr. Moss. He suggested that the Council adopt what is before them and ask the City Manager to come back with suggestions on the section that Mr. Moss wants amended because it can be considered later in the year. Council Member Moss then withdrew his motion. There were no comments from the audience and the following Ordinances were passed: 28. ORDINANCE NO. 20733 AMENDING COMPENSATION ORDINANCE 3658, AS AMENDED, SECTION 250, CLASSIFICATION PLAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE, BY REPLACING SUBSECTIONS 251, 252, 253, 254, 255, 256 AND 257 WITH NEW SUBSECTIONS 251 - 257; AMENDING COMPENSATION ORDINANCE 8127, AS AMENDED, SECTION 501, SALARY SCHEDULES "A" & "B" AND GRADE 8 SCHEDULE, TO PROVIDE FOR THE IMPLEMENTATION OF AN APPROXIMATE THREE PERCENT (3%) GENERAL INCREASE EFFECTIVE NOVEMBER 1, 1989; AMENDING SECTION 510, MANAGERIAL GROUP PAY PLAN 1988-89, BY REPLACING IT WITH A NEW SECTION 510; AMENDING SECTION 552, ADVANCEMENT OF SALARY WITHIN A SALARY SCHEDULE, BY AMENDING SUB -SECTION 552.2; AMENDING SECTION 553, RECOMMENDATIONS FOR SALARY ADVANCEMENT WITHIN GRADE; AMENDING SECTION 652, ADVANCEMENT IN SALARY FOR PART-TIME EMPLOYEES; AMENDING SECTION 950, LEAVES OF ABSENCE, BY AMENDING SUB -SECTION 951.1, SUB -SECTION 951.4, SUB -SECTION 951.13, SUB -SECTION 952.0, SUB -SECTION 952.2, SUB -SECTION 952.3, AND SUB -SECTION 952.5; AMENDING SECTION 956, ABSENCE WITHOUT LEAVE; AMENDING SECTION 1000, REQUIREMENTS AS TO CONTINUITY OF SERVICE, BY AMENDING SUB -SECTION 1000.1; AMENDING SECTION 1050, ADMINISTRATION AND MAINTENANCE OF COMPENSATION PLAN AND OVERALL PERSONNEL ADMINISTRATION, BY AMENDING SUB -SECTION 1052; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 25, 1989 Page 28 An emergency was declared and the foregoing Ordirfbnce passed by the following vote: Turner, Berlanga, Guerrero, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt voting, "No." Note: This ordinance was voted on again, as amended, see Page 30. 29. FIRST READING AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 30. ORDINANCE NO. 20734 AMENDING ORDINANCE 13168, AS PREVIOUSLY AMENDED, WHICH ESTABLISHED THE CORPUS CHRISTI RETIREMENT PLAN, PROVIDING FOR TERMINATION OF THE PLAN; PROVIDING FOR DISTRIBUTION OF ALL CONTRIBUTIONS AND INTEREST UPON TERMINATION OF THE PLAN; PROVIDING FOR SEVERABILITY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 31. FIRST READING AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The forgoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Martin, McComb, Moss and Rhodes voting, "Aye"; Hunt and Schwing voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Ordinances 32-35. Council Member McComb pointed out that Ordinance No. 32, which is the first reading pertaining to abnormal sewage surcharge increases, will have a major impact on companies such as Sam Kane Meat Packing Plant. Minutes Regular Council Meeting July 25, 1989 Page 29 Assistant City Manager Jesus Garza informed the Countil that he had met with Jerry Kane who is aware of the problem and is willing to correct the problem. He stated that the staff informed Mr. Kane that they preferred that he resolve the problem of pre-treatment of the waste from the plant rather than paying the large surcharge. He stated that they had also assured Mr. Kane that it would be possible to delay the third reading of the Ordinance for 90 days in order to provide him an opportunity to come up with a plan for disposing of their wastes, or pre -treating it. City Secretary Chapa polled the Council for their votes and the following Ordinance passed on first reading: 32. FIRST READING AMENDING THE CITY CODE, CHAPTER SEWAGE SURCHARGE, SUBSECTION (H), WASTEWATER RATES; PROVIDING FOR PROVIDING FOR SEVERANCE PROVIDING PUBLICATION. 55, UTILITIES, SECTION 55-146, ABNORMAL SO AS TO PROVIDE CERTAIN INCREASES IN REPEAL OF ALL ORDINANCES IN CONFLICT; FOR AN EFFECTIVE DATE; AND PROVIDING FOR The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * City Manager Garza then referred to Ordinance No. 28 which had been passed a little earlier and stated that he needed to have that Ordinance amended to reflect that the 3 percent salary increase will be effective August 1, 1989, for Fire and Police managerial group with the exception of the Fire and Police Chiefs. Council Member Rhodes stated that she did not think that the date had been changed for the non -managerial employees to receive the 3 percent salary increase from November 1, 1989, to February 1 1990. Discussion followed and it was determined that the November date had not been changed prior to passage of the Ordinance. A motion Ordinance No. unanimously. was made by Council Member Rhodes that the Council reconsider 28. The motion was seconded by Council Member Martin and passed A motion was made. by Council Member Rhodes to amend Ordinance No. 28 so that the effective date for the non -managerial group to receive the 3 percent salary increase be changed from November 1, 1989, to February 1, 1990, and that the Fire and Police Managerial groups receive the 3 percent salary increase effective August 1, 1989, with the exception of the Fire and Police chiefs. The motion was seconded by Council Member Martin and passed unanimously. Minutes Regular Council Meeting July 25, 1989 Page 30 City Secretary Chapa called for the vote on the amended Ordinance No. 28 and it passed as follows: 28. ORDINANCE NO. 20733 AMENDING COMPENSATION ORDINANCE 3658, AS AMENDED, SECTION 250, CLASSIFICATION PLAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE, BY REPLACING SUBSECTIONS 251, 252, 253, 254, 255, 256 AND 257 WITH NEW SUBSECTIONS 251 - 257; AMENDING COMPENSATION ORDINANCE 8127, AS AMENDED, SECTION 501, SALARY SCHEDULES "A" & "B" AND GRADE 8 SCHEDULE, TO PROVIDE FOR THE IMPLEMENTATION OF AN APPROXIMATE THREE PERCENT (3%) GENERAL INCREASE EFFECTIVE FEBRUARY 1, 1990; TO PROVIDE FOR THE IMPLEMENTATION OF A THREE PERCENT (3%) INCREASE FOR FIRE AND POLICE MANAGERIAL EMPLOYEES, WITH THE EXCEPTION OF THE FIRE AND POLICE CHIEFS, EFFECTIVE AUGUST 1, 1989; AMENDING SECTION 510, MANAGERIAL GROUP PAY PLAN 1988-89, BY REPLACING IT WITH A NEW SECTION 510; AMENDING SECTION 552, ADVANCEMENT OF SALARY WITHIN A SALARY SCHEDULE, BY AMENDING SUB -SECTION 552.2; AMENDING SECTION 553, RECOMMENDATIONS FOR SALARY ADVANCEMENT WITHIN GRADE; AMENDING SECTION 652, ADVANCEMENT IN SALARY FOR PART-TIME EMPLOYEES; AMENDING SECTION 950, LEAVES OF ABSENCE, BY AMENDING SUB -SECTION 951.1, SUB -SECTION 951.4, SUB -SECTION 951.13, SUB -SECTION 952.0, SUB -SECTION 952.2, SUB -SECTION 952.3, AND SUB -SECTION 952.5; AMENDING SECTION 956, ABSENCE WITHOUT LEAVE; AMENDING SECTION 1000, REQUIREMENTS AS TO CONTINUITY OF SERVICE, BY AMENDING SUB -SECTION 1000.1; AMENDING SECTION 1050, ADMINISTRATION AND MAINTENANCE OF COMPENSATION PLAN AND OVERALL PERSONNEL ADMINISTRATION, BY AMENDING SUB -SECTION 1052; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance, as amended, passed by the following vote: Turner, Berlanga, Guerrero, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt voting, "No." * * * * * * * * * * * * * * Mayor Turner called for consideration of Motion No. 33 which amends the Ordinance prior to third reading on the disposal fees, etc. for garbage and trash. A motion was made by Council Member Guerrero that Item No. 33 be approved, seconded by Council Member Rhodes and passed unanimously. Council Member McComb pointed out that that increase is not reflected in the budget, and City Manager Garza explained the reason it is not is because the staff has not had any experience with this and they are not sure how much money will be involved. City Manager Garza continued by stating that Jesus Garza had reminded him that Corpus Christi Disposal has a contract with the Naval Air Station for a five-year period; his rates will be increased with the passage of this Ordinance; and he has a firm contract with the Naval Air Station and will lose money on the contract. Minutes Regular Council Meeting July 25, 1989 Page 31 Mr. Ralph Diaz, owner of Corpus Christi Disposal Comp4any, stated that the contract he has with NAS is for a lump sum contract per year, and when this contract was bid, he contacted the Sanitation Department and was told that they did not anticipate any increases except possibly 1, 2, or 3 percent per year. He stated that he had based his bid to NAS on that assumption and now this Ordinance would increase the fees a great deal which would cost him a large sum of money because he has a fixed -sum contract. Council discussion followed and a motion was made by Council Member Guerrero that this Item be tabled. The motion was seconded by Council Member Berlanga and passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Moss, Rhodes, and Schwing voting "Aye"; Martin and McComb voting "No". Council Member McComb pointed out that this Ordinance was read for the first time on May 16, the second time on May 23, and questioned why this company waited until July 25 to bring this to the City's attention. Council Member Martin stated that the problem he has with granting any relief for this company is that this will not be the only company affected. He expressed the opinion that the Naval Air Station contract should be subject to a reasonable change since the charges are going to be greatly increased. A motion was made by Council Member Guerrero to remove Item No. 34 from the table, seconded by Council Member McComb and passed unanimously. City Secretary Chapa polled the Council for their votes and the following motion and Ordinances were passed: 33. M89-0207 Motion amending, prior to third reading, the ordinance which provided for a new fee system to be applied to commercial accounts and for items which require special handling, and establishing effective dates for the new fees as follows: Special Fees - tires and appliances September 1, 1989 Outside City Limit (OCL) November 1, 1989 Tipping Fees - Commercial Vehicles November 1, 1989 The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 34. ORDINANCE NO. 20735 AMENDING THE CITY CODE, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, BY DELETING SECTIONS 21-19(b), 21-20, AND 21-21.1, AND SUBSTITUTING THEREFOR A NEW SECTION 21-19(b); AMENDING SECTIONS 21-17, 21-18, 21-19(a) AND 21-21; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting July 25, 1989 Page 32 The foregoing Ordinance, as amended, passed on thIrd reading by the following vote: Turner, Berlanga, Guerrero, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt voting, "No." 35. FIRST READING AMENDING THE CODE OF ORDINANCES TO AUTHORIZE THE CITY MANAGER TO APPROVE A SCHEDULE OF FEES FOR ADMISSION TO THE CORPUS CHRISTI MUSEUM. The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * There being no further business to come before the Council, the meeting was adjourned at 8:49 p.m. on July 25, 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 25, 1989, which were approved by the City Council on August 1, 1989. WITNESSETH MY HAND AND SEAL, this the MI 'day of 1989. Betty Tur er, Mayor At4arrEC 01 dr— Armando Chapa City Secretary