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HomeMy WebLinkAboutMinutes City Council - 08/14/1990MINUPFS CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 14, 1990 2 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing Council Members: Cezar Galindo Leo Guerrero Tom Hunt Edward Martin Joe McComb Clif Moss Mary Rhodes City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The Pledge of Allegiance to the Flag of the United States was led by Council Member Clif Moss. City Secretary Armando Chapa called the roll and verified that a quorum of the Council and the necessary charter offirwars were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of July 31, 1990, and there being no corrections or additions, she proclaimed them approved as presented. Mr. Dickie Valdez, a volunteer at the Boys and Girls Club, gave a presentation in regard to the Boys and Girls Club Reading Program and introduced boys and girls affiliated with the program. Mayor Turner provided background information on the Regional Transportation Authority and recognized the General Manager and City representatives of the RTA Board. Ms. Pat Eisenhauer, Chairman of the Board of the Regional Transportation Authority, presented a report on the status of the RTA Program, the RTA budget, and the future plans and commitments of the RTA. Ms. Eisenhauer also discussed the various goals which they have accomplished. Specific questions were raised by the Council and Ms. Eisenhauer and Tom Niskala, General Manager of the RTA, responded to the questions. MICROFILMED Minutes Regular Council Meeting August 7, 1990 Page 2 Discussion ensued in regard to the ambulance service and the RTA's possible assistance in the funding of the EMS system. Council Member Martin stated that the issue is whether the RTA has excess funds; if they can be directed to assist in the payment of the EMS; and if it would be legal. Ms. Eisenhauer declared that in September, the RTA Board will discuss the issue of their providing support to the ambulance service. The following RTA Board City appointees commented in regard to their reappointments: Pat Sullivan, Carol Sue Hipp, Bill Harrison, Mike Stewart and Leon Loeb. * * * * * * * * * * * * * It was the consensus of the Council to postpone the Board and Committee appointments until the following week. Mayor Turner declared a five-minute recess. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for consideration of consent motions, resolutions, ordinances, and ordinances from previous meetings on Items 1 thru 19. Council Members requested that Items 2, 4, 5, 12 and 14 be withheld for discussion, and City Manager Garza requested that Item 10 be moved to the Regular Agenda. There were no questions from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M90-200 Motion approving the purchase of two greensmowers with turf groomers in accordance with Bid Invitation No. BI -0187-90 from the following two companies based on low bid and best bid for a total of $23,570.00. This equipment will be used by the Park and Recreation Department for grounds maintenance on our two municipal golf courses. Funds were carried forward from FY 89-90 budget. Watson Distributing Company, Inc. San Antonio, TX Total: $11,629.00 Minutes Regular Council Meeting August 7, 1990 Page 3 Goldthwaite's of Texas, Inc. San Antonio, TX. Total: $11,941.00 GRAND TOTAL: $23,570.00 The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 3. M90-201 Motion approving supply agreements for computer cards, forms, and labials in accordance with Bid Invitation No. BI -0239-90 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $20,113.31. The terms of the agreements shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by Municipal Information Systems. Funds have been budgeted for FY 90-91. Form Craft Houston, TX Total: $14,947.05 Data Documents Houston, TX Total: $5,166.26 The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 6. M90-204 Motion approving a supply agreement for serial publication service in accordance with Bid Invitation No. BI -0323-90 with Popular Subscription Service, Terre Haute, Indiana on the basis of low bid for an estimated annual expenditure of $16,830.12. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This service will be used by the Library. Funds have been budgeted in FY 1990-91. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero ahaant at the time the vote was taken. 7. M90-205 Motion authorizing the City Manager or his designee to execute an agreement with Nueces County providing for continuation of beach cleaning and lifeguard services for a twelve-month period beginning September 1, 1990 through August 31, 1991. Minutes Regular Council Meeting August 7, 1990 Page 4 The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 8. M90-206 Motion authorizing the City Manager to execute an Amendment to the Agreement with Bethune Day Care Nursery School, Inc., to provide an additional $100,000 from the 16th Year (FY 1990-91) CDBG Program toward the construction of a new day care facility. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 9. M90-207 Motion authorizing acquisition of a parcel of land located at Caroline Road and Marshall Street between Rand Morgan and Clarkwood Roads for $8,500 in connection with the McNorton Area Park Project. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 11. M90-209 Motion approving Change Order No. 1 in the deductive amount of $16,158 to the contract with Black Brothers Construction, Inc., for the Water Laboratory Building at the O.N. Stevens Water Treatment Plant. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 13. M90-211 Motion approving a Contract for Engineering Services with Goldston Engineering in the amount of $105,000 to prepare a Collection System Master Plan for the Southside Wastewater Treatment Plant service area. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 15. RESOLUTION NO. 20960 AUTHORIZING THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $30,425 WITH MALTBY BUILDERS TO RE -ROOF THE SID RICRNRDSON BUILDING AND THE OAK PARK RECREATION CENTER; AND APPROPRIATING $20,000. Minutes Regular Council Meeting August 7, 1990 Page 5 The foregoing resolution passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Turner absent at the time the vote was taken. 16. ORDINANCE NO. 20961 AMENDING ORDINANCE NO. 20744 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: - Allen School Area, Phase II - 1. Twelfth Street, from Morgan Avenue to Elizabioth Street, 2. Eleventh Street, from Morgan Avenue to Booty Street, 3. Tenth Street, from Morgan Avenue to Booty Street and from McKenzie Street to Ayers Street, 4. Alameda Street, from Morgan Avenue to Elizabeth Street, 5. Elizabeth Street, from Brownlee Boulevard to Staples Street, 6. Booty Street, from Eleventh Street to Alameda Street, and 7. McKenzie Street; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 17. FIRST READING AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD NEMEC FOR A 20.598 ACRE TRACT OF LAND L0CATPD AT THE NORTHEAST CORNER OF THE INTERSECTION OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; APPROVING A RENTAL N'EE OF EITHER A DFSIGNA1r1) DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE ORA GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on first reading by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 18. FIRST READING AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH KLOSTERMANN FARMS FOR A 23.099 ACRE TRACT OF LAND LOCATED AT THE NORTH CORNER OF THE INTERSECTION OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; APPROVING A RENTAL PEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on first reading by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 19. FIRST READING AUTHORIZING THE EXECUTION OF A ONE-YEAR LEASE AGREEMENT WITH M. DOYLE SLOUGH FOR A 46 ACRE TRACT OF LAND FROM THE SOUTHSIDE SEWER TREATMENT PLANT SITE LOCATED OFF YORKTOWN BOULEVARD; APPROVING A RENTAL P'EE OF EITHER A Minutes Regular Council Meeting August 7, 1990 Page 6 DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on first reading by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Relative to Item 2, approving the purchase of 35 police sedans, Council Member McComb reviewed the status of the bid invitation, stating that the City rejected the original bids and resubmitted the request for bids in hopes of receiving better price concessions. Mr. McComb expressed concern about the integrity of the City's bidding process. He claimed that the concept of conpetitive bidding is destroyed if a bidder is allowed to submit a new bid after knowing what his competitors have proposed. City Manager Garza provided a synopsis of the situation and stated that he made a bisiness decision and resubmitted the request for bids because it amounted to a substantial savings to the City. Council Member Martin questioned the legality of the action and in response to a question he raised, City Attorney George responded that the Council shall determine the most advantageous bid for the City and the City shall always have the right to reject any and all bids. City Manager Garza indicated that when he was appointed City Manager, he had received an opinion that he had the authority to reject bids, and he has assumed this responsibility on several occasions. F. D. Glenn, Purchasing Agent, responded to questions raised by Council Member McComb and elaborated on the City's evaluation process in selecting this particular bid. Mayor Pro Tem Schwing concurred with Council Member McComb's concerns but stated that he would prefer the bid which provided the air bags and anti-lock brake systems. After a discussion by the Council, Council Member Guerrero moved to table Item 2 to allow the City Manager to reconsider the City's options. The motion was seconded by Council Member Galindo and passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; McComb voting, "No." Mr. Bob Fullerton, Fleet Manager for Benson Chevrolet, expressed displeasure in regard to the action taken in this bid invitation. He expressed the opinion that it was unfair and unethical and not a good portrait of Corpus Christi. He offered an explanation of anti-lock brakes and stated that they are a good safety feature. Minutes Regular Council Meeting August 7, 1990 Page 7 Mayor Turner announced that Mayor Pro Tem Schwing will conduct the remainder of the meeting because she is departing to attend a meeting with the Coast Guard. Mayor Pro Tem Schwing called for consideration of Item 4, laboratory testing of wastewater samples. In response to a question from Council Member Moss, Deputy City Manager Jesus Garza responded that the testing is being done for the Allison Wastewater Treatment Plant and the Laguna Madre Wastewater Treatment Plant because these tests are required to be performed in order to comply with EPA requirements. In answer to a question from Council Member Martin, Mr. Garza explained the testing process, stating that it is an extensive monitoring process. He indicated that the City is not equipped to perform the testing because it would not be cost effective at this time. Council Member Martin requested information on what it would cost the City to perform their own laboratory testing of wastewater samples in the future. In response to a question on Item 5, supply agreement for metal halide lighting fixtures, City Manager Garza responded that CP&L did not indicate any interest in lighting the ball fields but the City will pursue this matter with them. On Item 12, water system improvements, northwest area, Mayor Pro Tem Schwing spoke about the water pressure on the northwest area of town and expressed pleasure about the improvements. In answer to questions from Council Members on Item 14, sanitary sewer rehabilitation - Debra Lane - Van Galen Drainage Ditch to Norfolk Drive, Carl Crull, Engineering Servincz Director, elaborated on the cost of the line and stated that it is a sufficient amount and economically feasible for Insituform Gulf South to install. There were no comments from the audience on Items 4, 5, 12 or 14. City Secretary Chapa polled the Council for their votes and the following were passed: 2. Tabled Met4en-apprev4ng -the-parehase -e€-th4rty-€ive-peiiee-seelans -4n-aeeerdanee 124th-Biel-Fnv4tatien-Ne--B€-04IR-90---Funds-have-been-bedgeted-in-Fig-9B-91. 4. M90-202 Motion approving a supply agreement for laboratory testing of wastewater samples in accordance with Bid Invitation No. BI -0348-90 with NUS Corporation, Houston, Texas, for an estimated annual expenditure of Minutes Regular Council Meeting August 7, 1990 Page 8 $22,400.00 based on low bid. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This service will be caned by the Wastewater Department. Funds were approved in the FY 90-91 budget. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Turner absent at the time the vote was taken. 5. M90-203 Motion approving a supply agreement for metal halide lighting fixtures with Amfac Electric Co., Corpus Christi, Texas, based on low bid for the total estimated annual expenditure of $33,397.00 in accordance with Bid Invitation No. BI -0306-90. The term of the contract shall be six months with an option to extend for up to an additional six months subject to the approval of the supplier and the City Manager or his designee. These lighting fixtures will be used by the Recreation Division for athletic field lighting and funds were approved in the FY 90-91 budget. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb and Rhodes voting, "Aye"; Moss voting, "No"; Turner absent at the time the vote was taken. 12. M90-210 Motion approving a Contract for Engineering Services with Black & Veatch in association with Welsh Engineering in the amount of $50,500 to analyze in detail the water distribution system in the Northwest area of the City and recommend modifications which will provide adequate pressure and volumes. The foregoing motion pascal by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Turner absent at the time the vote was taken. 14. M90-212 Motion awarding a contract in the amount of $84,562.50 to Insituform Gulf South, Inc., to install a new lining in the existing 18 -inch sanitary sewer line located in Debra Lane between the Van Galen Drainage Ditch and Norfolk Drive in the Flour Bluff portion of the City. The foregoing motion passed by the following vote: Sdhwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Turner absent at the time the vote was taken. * * * * * * * * * * * * * Minutes Regular council Meeting August 7, 1990 Page 9 City Manager Garza announced that he had moved Item 10, O. N. Stevens Plant Improvements, to the regular agenda because of its significance. He indicated that the improvements to the plant would be equivalent to building a new plant. Carl Crull, Engineering Services Director, provided background information; reviewed the history of the original plant; and elaborated on the improvements and future improvements. He stated that once the improvements are complete, the plant will have an overall capacity of approximately 165 MGD. Mr. Crull pointed out that by rehabilitating the plant and changing the filters, etc., the work which has been recommended will cost the City $11 million, as compared to building another expansion to the plant which would cost $25 million. There were no convents from the audience on Item 10. City Secretary Chapa polled the Council for their votes and the following motion was passed: 10. M90-208 Motion approving Amendment No. 1 to the Contract for Engineering Services with Archie Walker Engineering Company in the amount of $470,000 to authorize design and construction phase services for improvements to the O.N. Stevens Water Treatment Plant to include rehabilitation of filters 1-12, piping modifications between the filters and clearwell and installation of an additional raw water pump. The foregoing motion pasced by the following vote: Schwing, Galindo, Guerrero, Hunt, McComb and Moss voting, "Aye"; Turner, Martin and Rhodes absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Pro Tem Schwing called for consideration of Item 20 in regard to canvassing the returns and declaring the results of the election for a one-half cent sales tax conducted on August 11, 1990. City Secretary Chapa explained the procedure and stated that his memorandum to the Council provided the results based on the precinct judges' election reports which were submitted to him. Mayor Pro Tem Schwing referred to the returns in District 1, precinct 111, and noted that it was the only precinct in the City that voted five to one for the tax increase City Secretary Chapa reported that his office checked the telephone verification and the general return sheet and everything matched. He stated that his office did not open the voting machine and to the best of his knowledge, the judge reported the figures correctly. Minutes Regular Council Meeting August 7, 1990 Page 10 Mayor Pro Tem Schwing requested that the machine be checked, and Mr. Chapa responded that he will check with the Legal Department about the procedure for examining the machine. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 20. ORDINANCE NO. 20962 CANVASSING RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON AUGUST 11, 1990, IN THE CITY OF CORPUS CHRISTI, FOR THE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Turner and Rhodes absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Pro Tem Schwing called for consideration of Item 21, authorizing lease with purchase option for sanitary landfill equipment. Deputy City Manager Jesus Garza stated that in 1983, the City made a policy decision to proceed with a lease purchase program for landfill equipment that allowed for a maintenance contract to be part of that program. He reviewed the status of the lease/purchase program. Mr. Garza indicated that concerns were raised about the amount of expenditures outside the contract and he offered en explanation of the expenses. In response to a question from Council Member Martin, Mr. Garza explained the buy-back and maintenance provisions of the contract. He stated that it is an expensive piece of equipment and important that the City have good maintenance because the City is not in a position to maintain its own equipment. Mr. Bill Lathrop, 4025 Bray, expressed concern about the expense of the equipment. He advocated renting the equipment instead of a lease purchase because it would not obligate the City. Council Member Martin pointed out that this is not a long term debt of the City and this item is not shown in the City's debt schedule. Specific questions were raised by the Council, and Deputy City Manager Garza responded to the queries. After a broad discussion, City Manager Garza stated that staff surveyed other cities and believes that the City is ahead of other cities with its program. He also stressed that the City is not obligated to buy the equipment. Minutes Regular Council Meeting August 7, 1990 Page 11 Mayor Pro Tem Schwing expressed concern about paying more money for a piece of equipment in order to lower the maintenance cost He inquired if staff has explored going out for bids in a different fashion. Deputy City Manager Garza stated that the City has evaluated other cities' and other corporations' procedures, but staff can study other alternatives to see if there is a way that this system can be improved. Mr. Schwing suggested that before signing the contract, that the City Manager should verify prices in regard to the piece of equipment. Assistant City Secretary Zahn polled the Council for their votes and the following motion was passed: 21. M90-213 Motion authorizing the acquisition of one landfill compactor for the total amount of $324,483.00 from Holt Company of Texas; authorizing execution of a lease -purchase agreement by and through Caterpillar Financial Servicns Corporation; authorizing a maintenance services agreement with Holt Company of Texas; and authorizing the Purchasing Agent to execute such security instruments, UCC statements and such instruments as required by such lease -purchase agreements. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Turner and Rhodes absent at the time the vote was taken. * * * * * * * * * * * * * Relative to Item 22, approval of the 1990 tax levy, Council Member McComb commended the City Manager because the City of Corpus Christi has adopted its budget without a tax increase. In regard to Items 23 and 24, City Manager Garza noted that there is a closed session on the agenda if the Council wishes to discuss theca items in closed session. It was the consensus of the Council not to go into closed session. There were no continents from the audience on Items 22, 23 and 24. Assistant City Secretary Zahn polled the Council for their voteq and the following were passed: 22. M90-214 Motion approving the tax levy for the City of Corpus Christi for the tax year 1990 in accordance with Section 26.09(e) of the Texas Property Tax Code, which states that the assessor will submit the appraisal roll, with Minutes Regular Council Meeting August 7, 1990 Page 12 the amount of tax entered, to the governing body for approval as the City's Tax Roll. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Turner and Rhodes absent at the time the vote was taken. 23. M90-215 Motion approving the amendment to the agreement between the City and Police Officers Association regarding the City's authority to hire civilians, and authorizing an alternate hiring process to allow hiring of police officers from other cities. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Turner and Rhodes absent at the time the vote was taken. 24. ORDINANCE NO. 20962 AMENDING ORDINANCE 20959, BUDGET ORDINANCE, TO AUTHORIZE TEMPORARY INCREASE IN POLICE CAPTAINS DUE TO SErrm4EdT OF LAWSUIT; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Schwing, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Turner and Rhodes absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Pro Tem Schwing announced the assessment hearing for the an Juan Area Street Improvements indicating assessments of $202,875.10 on 173 items. City Attorney 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 and is a registered professional engineer in the State of Texas with a degree in Civil Engineering. Mr. Crull provided background information and described the project, stating that it shall consist of the construction of improvements to the following streets: Scapular, Gaviota, Mariposa, Simon and Stock. He explained the funding for the project and stag that Island Construction, Inc. of Port Aransas submitted the low bid. Mr. Crull pointed out that the assessments will not be due until the acceptance and completion of the project. Minutes Regular Council Meeting August 7, 1990 Page 13 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 and has been appraising both commercial and residential property for eighteen years. Mr. Paraskevas testified that he has examined each parcel and the assessment roll, and he 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 replied that in his opinion, the properties being assessed in these street improvements, will be enhanced in value by these improvements, to at least the amount of the improvement, with the exception of Item 116, Luisa S. Ortiz. He indicated that no enhancement is present because of the small size of the vacant lot, and no assessment should be charged. In response to a question from Council Member McComb, Mr. Crull responded that due to the limited right-of-way on most of the streets, there will not be any grassy area between the curb and gutter and the sidewalk except on one of the streets. There were no comments from the audience. Council Member Moss moved to close the public hearing; seconded by Council Member McComb and passed unanimously by those present and voting. Note: An ordinance formally closing the hearing will be brought before the Council at next week's Council Meeting. * * * * * * * * * * * * * Mayor Pro Tem Schwing called for the City Manager's report. City Manager Garza spoke of a request from Nino Gutierrez, District Engineer of the State Highway Department, in regard to scheduling a Council tour of the roadway improvements in the Flour Bluff area. Mr. Garza asked if the tour could be scheduled for the morning of Tuesday, September llth, and there was no opposition from the Council. Relative to the results of the operations analysis, it was the consensus of the Council to schedule a Workshop Meeting at 9:00 a.m. on August 21, 1990 to hear the report. City Manager Garza commented in regard to the EMS report which was released to the newspaper and stated that it was his intention that the Council would be given the report before it was submitted to the newspaper. Mayor Pro Tem Schwing called for reports from the Council. Minutes Regular Council Meeting August 7, 1990 Page 14 • Council Member Hunt inquired about his request of March 1st regarding the amount of funds furnished to the City by federal grants or by HUD for the Police Department expansion. City Manager Garza responded by stating that he thought he had conveyed that information to Mr. Hunt and will provide him another copy. Mr. Hunt inquired about the land purchased for the police building and suggested selling the lots, and Council Member Moss concurred with Mr. Hunt. City Manager Garza indicated that he will bring this issue before the Council. In answer to an inquiry from Council Member Moss, ('arl Crull, Director of Engineering Services, commented in regard to three requests for proposals which were sent out relative to the modification of the Oso Plant, the expansion of the Whitecap Plant and employment of a Plant Manager for the southside plant. Mr. Crull stated that the permitting process for the southside plant will take about twelve to eighteen months. Mr. Moss commented about the City's nursery of palm treeq, and City Manager Garza stated that those trees will be included as part of the replacement plan. Mr. Garza pointed out that the Council did not authorize him to proceed with the implementation of the plan. Mr. Moss suggested that it be placed on the agenda for Council discussion. Council Member Guerrero remarked about calls he has received about eighteen -wheelers being parked in residential areas. He implied that it is against the law and suggested that the owners should be ticketed. Mr. Guerrero spoke about a community activist in District 2 who is in ailing health. He noted that Ocean View Park is located in that district and suggested renaming the park for Mrs. Catalina Martinez. Mr. Guerrero requested that the procedure for renaming the park be brought before the Council for consideration. Council Member Martin referred to consultant studies and stated that he would like to have a report on the Oso Water Reclamation Plant next week and that discussion with the City Council on the Southside Plant be conducted. Mr. Martin also inquired if a discussion is scheduled on the pawnbrokers' ordinance. City Manager Garza responded to Mr. Martin's second concern by stating that the City lost the lawsuit and the subject will be scheduled for discussion very soon. Council Member Martin requested that a closed meeting be scheduled on the agenda next week to evaluate the Municipal Court Judges, and the Council indicated their concurrence. Minutes Regular Council Meeting August 7, 1990 Page 15 Council Member McComb inquired if the staff is working with Caroline Morris on the "Yellow Ribbon" campaign to recognize the military forces in the Persian Gulf, and City Manager Garza replied that Debra Lindsey -Opel from his staff is working on this campaign. Council Member Galindo referred to an electrical problem that Mr. Jose M. Flores has experienced with the City's Electrical Advisory Board; he questioned the authority of the Board; and stated that he wanted to make sure that Mr. Flores is informed that the City is following the proper procedures to correct this problem. City Manager Garza informed the Council that Mr. Flores does have the option to appeal the decision of the Electrical Advisory Board to the City Council, but he has not chosen to do so. Mayor Pro Tem Schwing recalled that approximately one year ago, several citizens inquired if the City had an "Adopt a Median" program and inquired if the staff has investigated this possibility. He requested that this be researched because some of the citizens are still interested. Deputy City Manager Jesus Garza stated that he had received a report on this matter from his staff but evidently had some questions on it. He informed the Council that he will provide the report soon. Council Member Guerrero made a motion that the City not appeal the decision on the pawnshop ordinance, and City Manager Garza stated that he will have this on the agenda next week if necessary. Council Member McComb expressed concern about the wording on the City's Certificates of Occupancy which seem to have disclaimers. Assistant City Manager Elizondo read the wording on the certificates and explained that there are only certain items that require City inspections. Council Member Martin provided a further explanation by stating that the use of the word "appears" is to hold the City harmless in the event the structure is not totally sound. He stated that unless a City inspector watches over the construction every minute of every day, that he cannot be certain that the building is properly constructed, and without the disclaimer, the City could be liable if something happens to the structure. He informed the Council that this is the usual procedure in every city in the United States. Mayor Pro Tem Schwing called for petitions or information from the audience. Mr. Jesse Hix, 2622 Segrest, spoke in favor of a salary increase for lower -paid City employees and also objected to citizens having to pay to use the City dump. Mr. Hix was informed that citizens who pay sanitation fees are not charged for normal trash disposal when they go to the dump but are charged for disposal of tires and refrigerators. Minutes Regular Council Meeting August 7, 1990 Page 16 Mr. Philip Rosenstein, 949 Bobalo, commended Council Members Mary Rhodes, Cezar Galindo, and Tom Hunt for the assistance they had provided to defeat the proposed one-half of one percent sales tax increase. Ms. Carolyn Morris, 9320 South Padre Island Drive, #3312, explained her efforts to get the City of Corpus Christi involved in the "Yellow Ribbon" campaign to honor the military personnel serving in the Persian Gulf. She stated that the H.E.B. Grocery Company has agreed to provide the yellow ribbon for the campaign but she needed assistance in installing the ribbon on the trees on Ocean Drive. Council Member Hunt and other Council Members urged the City Manager to proceed with this project, and City Manager Garza reiterated that the program is being handled by Debra Lindsey mel. Mrs. Nan Pillinger, 6606 Aswan, noted the absence of the two women members of the Council and stated that she would address the Council next week when they are present. Ms. Marie Spear, 9320 South Padre Island Drive, referred to the accident which may have damaged the John F. Kennedy Causeway Bridge last Sunday and stated that as many as 8 to 10 thousand people were on Padre Island; some people had to wait as long as 4 hours to exit the Island; and urged that another bridge to Padre Island be considered. She requested that the City Council encourage the State to give this additional bridge priority over other projects. Mr. Alex Gonzalez, 1037 Monette, informed the Council that he had been approached by several employees of the Park and Recreation Maintenance Division who had been requested to attend the meeting at which Mayor Turner addressed the issue of the sales tax increase which was the item on the ballot for the election conducted on August 11, and stated that they are very concerned now that they may be subject to being discharged because they told the truth about the meeting that was called and at which the Mayor discussed the issue. Mayor Pro Tem Schwing stated that this matter has already been referred to the Ethics Commission. Mr. Gonzalez reiterated that the employees are very afraid that their jobs are in jeopardy if they speak out on the issue. He asked that the City Manager be instructed to write a letter to the employees involved that they will not be intimidated if they testify at a hearing that may be called. Council Member Martin agreed with Mr. Gonzalez and stated that if an employee is called to testify, he is protected by the Whistle Blowers Act, which is a Federal law, and requested that City Manager Garza write a letter to assure them that they will be protected and will not lose their jobs City Manager Garza concurred and stated that he has been involved in the past in situations where employees who are Whistle Blowers have actually been rewarded. Minutes Regular Council Meeting August 7, 1990 Page 17 Mrs. Ofelia Gonzalez, 1037 Monette, thanked the Council Members who waisted in the rejection of the increase in the sales tax and stated that a coalition of citizens who also took this stand has been formed to assist in educating other citizens, particularly Hispanics, as to what is going on in municipal government. Council Member Guerrero asked that Mrs. Gonzalez be provided with a complete packet of information to help inform the public. City Manager Garza stated that he has a plan to prepare video spots to help keep the public informed. Mr. Fred Heldenfels, 5429 Chevy Chase, reminded the City Council that next week the legislative conference is scheduled and urged them to participate in the activities as much as possible so that they can make the Legislators aware of the City's legislative concerns. He stated that briefings are scheduled at the Chamber of Commerce on Wednesday. Mr. G. A. Summers, Minister, 508 Caribbean, quoted from the Bible in regard to the value placed on children and asked that the City Council make abortions in the City of Corpus Christi unlawful. Mayor Pro Tem Schwing explained that an election will be conducted in January, as the result of a petition, to allow citizens to vote on whether or not life begins at conception. Mr. John Hudson referred to weeds and brush that are on Staples and Carmel Parkway on property that is apparently awned by the City, noting that there is a small portion in that area that is not owned by the City and inquired as to whose responsibility it is to clear that brush. He was informed that staff will investigate. There being no further business to come before the Council, on motion made by Council Member Moss, seconded by Council Member Galindo and passed unanimously, the Regular Council Meeting was adjourned at 6:24 p.m., August 14, 1990. * * * * * * * * * * * * * 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 August 14, 1990 which were approved by the City Council on August 21, 1990. WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991. cii-tite ' /Betty Tilkner r Mayor /G C�ir-- Armando Chapa City Secretary