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HomeMy WebLinkAboutMinutes City Council - 09/24/1991MINU I'ES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 24, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Cezar Galindo Leo Guerrero Betty Jean Longoria Edward Martin Joe McComb Clif Moss Mary -Pat Slavik Absent Development Services Director Bill Hennings City Attorney James R. Bray, Jr. City Secretary Armando Chapa City Manager Juan Garza Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Slavik. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of September 17, 1991, and there being no corrections, she proclaimed them approved as presented. Representatives of Bayfest' 91 briefed the Council on events planned for the celebration and presented the Council with official Bayfest T-shirts. State Representative Todd Hunter, representing the Nueces County Detox Center Task Force, presented a detoxification proposal which would contract with Charter Hospital to house and treat youths detained for intoxication. He discussed the origin and concept of the detox proposal and requested Council endorsement of the program and $31,000 of City funds to initiate the program. He stated that he will be asking other governmental agencies to further fund the program. COI+E akGh Minutes Regular Council Meeting September 24, 1991 Page 2 Police Chief Hem -y Garrett endorsed the program, stating that it would provide juveniles with the medical treatment they need and free -up police officers to perform their duties. Ms. Doris Jensen, Co-chairman of the Task Force, spoke about the importance of community involvement in the program. Ms. Carrie Cheatham, Chairperson of the Intergovernmental Commission on Drug & Alcohol Abuse, presented a resolution from the commission endorsing and supporting the detoxification services proposal. Following a brief question and answer period, the Council voiced support of the program and expressed appreciation to the individuals involved. Council Members McComb and Longoria suggested that the City try to recoup some of the expense from the offenders' parents. Representative Hunter stated that there is not anything that prevents the City from implementing a plan for parental reimbursement, and City Attorney Bray advised that presently the City does not have an ordinance regarding parental responsibility but will bring something to the Council that would accomplish that. Council Member Longoria recommended that the Council be given an update every three to six months, and Representative Hunter requested that a City staff person be involved in the program in addition to Chief Garrett. City Secretary Chapa polled the Council for their votes and the following resolution passed: RESOLUTION NO. 021246 SUPPORTING DETOXIFICATION SERVICES FOR JUVENILES AS REQUESTED BY THE NUECES COUNTY DETOXIFICATION TASK FORCE. The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Bill Hennings, Director of Development Services, stated that the item will be brought to the Council after a contract is formulated with the service provider. Council Member Guerrero recommended that the Intergovernmental Commission on Drug and Alcohol Abuse be considered to administer the contract. Mayor Rhodes referred to the Board and Committee appointments and the following appointments were made by the Council: (M91-258) Minutes Regular Council Meeting September 24, 1991 Page 3 CC Regional Transportation Authority Municipal Arts Commission Alex Harris Dr. Dalia Garcia Jane Goode - advisory member Port Authority of Corpus Christi Joe Fulton - reappointed s a s s s s s♦ x a s as Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 17, and Council Members requested that Items 1, 2, 6, 7, 9 and 11 be withheld for discussion. Council Member McComb declared that he will abstain from the vote on Items 3 and 4 because of a possible conflict of interest. He stated that he is an honorary board member on the Corpus Christi Area Council for the Deaf. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M91-261 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Area Council for the Deaf, Inc. which provides $143,000, for the renovation and expansion of the facility located at 5151 McArdle. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb abstaining. 4. FIRST READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE AGREEMENT AMENDMENT WITH THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF FOR THE FACILITY LOCATED AT 5151 MCARDLE. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb abstaining. 5. M91-262 Motion awarding a contract in the amount of $46,210 to Garrett and Associates, to renovate the Hubler Building for use as an MHMR Rehabilitation Facility. Minutes Regular Council Meeting September 24, 1991 Page 4 The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 8. RESOLUTION NO. 021247 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO A PARCEL OF LAND, LOT 7, BLOCK 14, GARDENDALE ADDITION NO. 3, FOR THE CORONA DRIVE EXTENSION PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, MRS. DELLA BOYD, A WIDOW. The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 10. FIRST READING AMENDING THE CITY'S CODE OF ORDINANCES, SECTION 53-252, TO PROHIBIT CURBSIDE PARKING AT ALL TIMES ON THE INTERSTATE 37 FRONTAGE ROAD EASTBOUND, NORTH AND SOUTH SIDES, FROM A POINT APPROXIMATELY 900 FEET EAST OF HART ROAD TO A POINT APPROXIMATELY 2,100 FEET EAST OF HART ROAD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 12. FIRST READING AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING 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 FEE 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: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 13. FIRST READING AUTHORIZING THE RENEWAL OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD NEMEC FOR A 20.598 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD AND APPROVING A RENTAL FEE Minutes Regular Council Meeting September 24, 1991 Page 5 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: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 14. SECOND READING AUTHORIZING THE EXECUTION OF A 10 -YEAR LEASE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI, TEXAS, AND CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION; APPROVING AND AUTHORIZING EXECUTION OF A 10 -YEAR SUBLEASE BY CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION TO SEMTECH CORPUS CHRISTI CORPORATION OF THIS PROPERTY LEASED TO CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION; AUTHORIZING CITY OF CORPUS CHRISTI TO EXECUTE A 20 -YEAR LEASE WITH SEMTECH CORPUS CHRISTI CORPORATION ON THE SAME TERMS AND CONDITIONS UPON TERMINATION OF THE 10 YEAR LEASE AND SUBLEASE ABOVE REFERENCED; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 15. ORDINANCE NO. 021249 AMENDING THE ZONING ORDINANCE, ARTICLE 26, NONCONFORMING USES, BY REPEALING SECIIONS 26-1, 26-8, AND 26-9. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 16. ORDINANCE NO. 021250 AMENDING THE ZONING ORDINANCE, ARTICLE 30, BY AMENDING CHANGES AND AMENDMENTS. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 17. ORDINANCE NO, 021251 Minutes Regular Council Meeting September 24, 1991 Page 6 AMENDING THE ZONING ORDINANCE, ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA. AND BULK REOUTREMENTS, BY AMENDING SECTION 27-3.04.06. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye" Responding to questions raised by Mayor Pro Tem McNichols on Item 1, tennis pro contract renewal - H.E.B. Tennis Center, Development Services Director Hennings stated that maintenance of the center is a City responsibility and the operation of the center is the responsibility of the tennis pro. Council Member McComb raised questions about the wording in the contract regarding the pro's annual salary, and Mr. Hennings stated that language should not be in the contract because the pro is an independent contractor for the City and not considered a City employee. Relative to questions raised by Council Member Moss on Items 1 and 2, tennis pro contract renewals, Mr. Hennings responded that the maintenance and utilities of the facilities is very costly but the other items are relatively minor. Council Member Martin inquired if the tennis pros have to provide workman's compensation coverage for themselves and their employees, and City Attorney Bray advised that the tennis pros have to provide workman's compensation for their employees. In response to questions from Council Member Martin on Item 6, Rodd Field Road fire station site, Carl Crull, Engineering Services Director, stated that the property is being purchased by metes and bounds and the City will be responsible for platting it. Mr. Martin expressed concern that the only comparison used was a 1987 appraisal, stating that $1.50 a square foot for unplatted property is extremely expensive, and Mr. Crull stated that the City spoke to various property owners and their minimum acceptable price was $2.25 a square foot, except for this piece of property. He stated that staff feels very confident in this price. Discussion followed and Mr. Martin expressed concern that if the City plats the property, the City may have to bear some of the costs that would ordinarily be paid for by the owner when he plats the rest of the tract of property, and Mr. Crull stated that the City will not be adding any value to the remaining part of the tract, other than the extension of the sewer line across the frontage of the property. Council Member Martin stated that he would like to see an in-house appraisal of the property, and Mr. Hennings withdrew Item 6. Minutes Regular Council Meeting September 24, 1991 Page 7 Relative to Item 7, Corona Drive extension, parcel 4, Council Member Martin referred to the appraisals for $29,000 and $26,000 and questioned why the City is paying $39,000, and Mr. Crull pointed out that the tax appraisal district's value is $43,000. He stated that in past experience involving the condemnation process, the commissioners tend to give a great deal of weight to the tax appraisal district's tax value. Mr. Crull responded to a series of specific questions raised by the Council. Council Member Slavik expressed concern that the City is paying a considerable amount for the parcel, stating that the City should go with the appraised value. She expressed the opinion that the property is over -valued by the tax district. Development Services Director Hennings provided background information and stated that it is the City's policy to try to negotiate purchases without having to go to condemnation. He stated that staff believes that the $39,000 price is reasonable considering that it is on the tax roll for $43,000. He stated that the alternative would be to take it to condemnation. Responding to questions from Mayor Pro Tem McNichols, Mr. Crull stated that it has been the City's standard practice on City purchases to provide the title insurance, and Mayor Pro Tem McNichols expressed concern about this practice and questioned it. Mr. Crull stated that the City works with various title companies and receive somewhat of a break on the title insurance cost. He stated that if we pass that on to the seller of the property, they would include it in the price. Dr. McNichols concurred that the City should lean more to the appraisal price and give less weight to the tax value price. On Item 9, San Juan Area street improvements, Council Member Slavik requested a small map showing the locations of the streets, and Mr. Hennings stated that staff would provide that for her. Relative to Item 11, residential and grazing lease agreement - 20 acre tract, Southside Sewer Treatment Plant site, Mayor Pro Tem McNichols requested that the Council and staff consider using this property for the development of the Southside Sewer Treatment Plant, rather than for a grazing lease. Responding to questions from Council Member Slavik, Mr. Crull stated that the mobile home is small and not in good condition. He reviewed some comparisons and stated that staff believes that $500 per month for a mobile home, twenty acres, and some stables is a satisfactory rate. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-259 Minutes Regular Council Meeting September 24, 1991 Page 8 Motion authorizing the City Manager or his designee to renew a tennis pro contract with C. R. (Bob) Mapes for the operation of the HEB Municipal Tennis Center in the annual compensatory amount of $31,608 effective upon City Council approval through August 31, 1994. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 2. M91-260 Motion authorizing the City Manager or his designee to renew a tennis pro contract with Susan Shelby Torrance for the operation of the AI Kruse Municipal Tennis Center in the annual compensatory amount of $27,384 effective upon City Council approval through August 31, 1994. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 6. Withdrawn 7. Failed to Pass Motion authorizing acquisition of Lot 9, Block 14, Gardendale Addition No. 3, located at 4830 Williams Drive on the north side between Everhart Road and Nelson Street for $39,000 in connection with the Corona Drive Extension Project. The foregoing motion failed to pass by the following vote: Rhodes, Guerrero, McComb and Moss voting, "Aye"; McNichols, Galindo, Longoria, Martin and Slavik voting, "No." 9. ORDINANCE NO. 021248 AMENDING ORDINANCE NO. 20947, PASSED AND APPROVED ON JULY 17, 1990, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST THE OWNERS OF PROPERTY ABUTTING ON THE FOLLOWING STREETS: SAN JUAN AREA STREET IMPROVEMENTS - 1. SCAPULAR STREET, FROM SOUTH CLARKWOOD ROAD TO GAVIOTA STREET; 2. GAVIOTA STREET, FROM SCAPULAR STREET TO COUNTY ROAD 36; 3. MARIPOSA STREET, FROM SIMON DRIVE TO SCAPULAR STREET; 4. SIMON DRIVE, FROM SOUTH CLARKWOOD ROAD TO STOCK DRIVE; AND 5. STOCK DRIVE, FROM SOUTH CLARKWOOD ROAD TO SIMON DRIVE. Minutes Regular Council Meeting September 24, 1991 Page 9 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 11. FIRST READING AUTHORIZING THE EXECUTION OF A ONE-YEAR RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. S. GENE WILSON FOR A 20 ACRE TRACT OF LAND WITH IMPROVEMENTS LOCATED ON YORKTOWN ROAD, ACQUIRED FOR THE SOUTHSIDE SEWER TREATMENT PLANT PROJECT, AND APPROVING THE RENTAL FEE OF $500 PER MONTH. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye" x Mayor Rhodes called for consideration of Item 18, fair housing choice analysis. Responding to questions raised by Mayor Pro Tem McNichols, Mr. Hennings provided background information and stated that the $60,000 would be to perform the study and to meet all the requirements in the federal regulations for the study. He stated that it is a fairly complex set of requirements and it is more than just gathering the data. He noted that the amount is just a budget estimate. Mr. Hennings stated that this is a difficult undertaking and staff recommends taking in to a consultant who is experienced, stating that the City does not have the staff or the expertise. Council Member Martin expressed concern that the Council is not notified of the available funds until staff has a project. He requested that staff provide the Council with a list of all available unexpended funds in the CDBG program. Mr. Martin expressed the opinion that this study could be done in-house. City Secretary Chapa polled the Council for their votes and the following ordinance passed: 18. ORDINANCE NO. 021252 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO THE FINAL STATEMENT FOR THE FY85 AND FY91 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS BY REPROGRAMMING AND APPROPRIATING $60,000 FROM THE 1985 CDBG PROGRAM INTO THE 1991 CDBG PROGRAM TO BE USED TO FUND A FAIR HOUSING ASSESSMENT PROJECT; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 24, 1991 Page 10 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Galindo voting, "No." Mayor Rhodes called for consideration of Item 19, accepting a $750,688 grant from the Federal Aviation Administration to install a computer -controlled security access control system and perimeter security fencing and awarding a contract to National Guardian Securities Device Corporation. George Hext, Director of Aviation, advised that the security access control system and perimeter security fence will enhance security control access to the secured areas of the airport and meet the requirements of an amendment to the Airport Security Plan required by Federal Aviation regulations. Mr. Hext provided background information and reviewed the funding for the project. Council Member Galindo inquired if the project is required to be 100 percent American manufactured, and Mr. Hext replied that the metal and steel are required to be 100 percent American manufactured but that does not apply to the computers and software. Mr. Hext stated that the contractor is required to present the City with certification of origin for the steel. City Secretary Chapa polled the Council for their votes and the following ordinance passed: 19. ORDINANCE NO. 021253 AUTHORIZING THE CITY MANAGER TO ACCEPT A $750,688 GRANT FROM THE FEDERAL AVIATION ADMINISTRATION TO INSTALL A COMPUTER CONTROLLED SECURITY ACCESS CONTROL SYSTEM AND PERIMETER SECURITY FENCING; AWARDING A CON TRACT IN THE AMOUNT OF $768,198.45 TO NATIONAL GUARDIAN SECURITIES SERVICE CORP. FOR THIS WORK; APPROPRIATING THE GRANT AMOUNT OF $750,688; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Mayor Rhodes called for consideration of Item 20, agreements for car rental concessions at the airport. There were no questions on this item. Minutes Regular Council Meeting September 24, 1991 Page 11 City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading. 20. FIRST READING AUTHORIZING THE EXECUTION OF AGREEMENTS WITH COASTAL BEND RENT -A -CAR, INC. D/B/A AVIS RENT -A -CAR; MAR -JEAN TEXAS, INC., D/B/A HERTZ CORPORATION; NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC; DOLLAR SYSTEMS, INC. D/B/A DOLLAR RENT -A - CAR; AND PAGAN LEWIS MOTORS, INC. D/B/A BUDGET RENT -A -CAR OF CORPUS CHRISTI; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." • s t t• s s t t s a• a Mayor Rhodes opened the assessment hearing for the Saratoga/Rodd Field Road Street improvements, indicating assessments of $133,142.12 on 92 items. Carl Crull, Engineering Services Director, testified that he is a City engineer for the City of Corpus Christi; he is a registered professional engineer in the State of Texas; and he has over twenty years of experience in design and construction of street related projects. He provided background information and stated that he is familiar with the project. He described the project and stated that it is a joint venture between the City and the State Highway Department. Mr. Crull stated that some of the abutting properties are used for farming and some of the farmers have expressed concern that the equipment crossing the roadway would have to jump the curb and gutter and cross the sidewalk to get access to their property. Mr. Crull advised that the City has a mechanism whereby they can construct at the owner's expense a concrete driveway to provide access so that they do not have to cross the curb and gutter. In regard to another concern regarding Item 40, Sunshine Cemetery, Mr. Crull advised that cemeteries are exempt from assessments from public improvements. He recommended that Item 40 of the assessment roll be deleted. Mr. Crull discussed the justification for the sidewalks. Mr. George Paraskevas testified that he has been employed as a realtor for twenty- one years; he is a real estate broker in the State of Texas; and he has experience in appraising both commercial and residential property. He stated that he is familiar with the project; he has examined each parcel; and, in his opinion, the properties being assessed in this street improvement project would be enhanced at least in the amount of the improvements. Minutes Regular Council Meeting September 24, 1991 Page 12 Responding to questions from Council Member Moss, City Attorney Bray explained the assessment procedure and stated that the final assessment will be presented to the Council at the end of the project. He stated that interest accrues when the project is completed and the City will have a lien on all the properties. Mr. Crull stated that the final assessment roll is adopted at the end of the project to take into account any changes that are made. He stated that the statements are not sent out until the adoption of the final assessment roll. Responding to questions from Ms. Lucille Holman, representing the Greenway Townhomes, 1818 Rodd Field Road, Mr. Crull stated that a certified letter was sent to the owner of record on the tax appraisal roll. He stated that if they agreed to be assessed for the driveway, the City would put that on the assessment roll and if they want the driveway and want to pay cash, the City would have to have the money in advance. Mr. Crull stated that the driveway shown on the plan is being constructed at the State's cost; any additional driveways would have to be part of the assessment; and it would not have to be paid for in advance. He stated that the existing sidewalks will remain. Ms. Margaret Shurbet, representing the Sunshine Cemetery Association, expressed appreciation that the cemetery would not be assessed for the sidewalks. She pointed out that the cemetery property is listed on the tax roll as two acres but is only one acre. Mr. Larry Star stated that he and his sister own a 14 -acre farm tract on Saratoga. He objected to the assessments, citing various reasons. He stated that the improvements will interfere with on-going agricultural operations and he does not believe the sidewalks will enhance the value of the property. He asked that the City provide him with a written waiver of liability for any damage to the sidewalks that might result from farming or related operations. Council Member McComb made a motion to close the public hearing; seconded by Council Member Longoria and passed unanimously. Mayor Rhodes called for the City Manager's report. Director of Development Services Hennings provided an update of the weekly water report and advised that last week the Texas Water Commission agreed to modify the schedule for water releases to be consistent with the proposed release schedule, rather than the schedule in the interim order. He stated that the releases that are presently being done are on the basis of the proposed schedule. Victor Medina, Utilities Director, stated that the City did ask its attorney in Austin to make a request of the Texas Water Commission about not having to release any water in October due to all the rain this month. He stated that the City will not release any water releases in October until hearing from the Texas Water Commission. Discussion ensued dealing with the water releases, the water levels, and the salinity levels, and Mr. Medina responded to a series of questions raised by the Council. Minutes Regular Council Meeting September 24, 1991 Page 13 Mr. Hennings stated that next week staff would provide the Council with a detailed briefing on exactly what has happened in regard to the negotiations, and Mayor Pro Tem McNichols requested an up-to-date assessment of where the City stands. Council Member Martin requested that a chart be given to the Council on Friday with an update on Tuesday concerning the various lakes, in terms of acre feet, lake levels and the expected inflow of water. Mayor Rhodes called for Council concerns and liaison reports. Council Member Guerrero requested the status of the single-family member district lawsuit and the funds expended to date through September 24, 1991. Council Member Martin inquired about the reaction on the brine discharges, and Mr. Medina stated that several agencies have passed resolutions in support of the City and there are some we have not heard from. Mr. Martin suggested calling those agencies that have not responded and he expressed the opinion that if those agencies do not support the City on this issue, the City should go to court on the water releases. Council Member McComb presented a resolution which was passed by the Corpus Christi Area Economic Development Corporation in support of the City relative to the brine discharges into Nueces Bay. Mr. McComb stated that there seems to be some confusion when the budget was adopted last year in terms of the allocation of funds for EMS dispatch education, as well as two additional staff people for training purposes. He stated that he was under the impression that the money is in the budget and had been approved. He asked for confirmation that funds are in the budget. Mr. McComb referred to the item that was withdrawn two weeks ago regarding the extension of Betty Jean Drive. He expressed concern that the Council's position on this issue was not mentioned at the Transportation Advisory Committee meeting. Council Member Guerrero stated that this matter needs to be resolved between staff and the Transportation Advisory Committee,stating that this is the second time the Council has made a decision on an issue and it was ignored by them. Mayor Rhodes stated that she did not believe the Council made a decision on that item. Mr. Guerrero stated that there was a clear indication as to what the Council's concerns were. He stated that the concern was never relayed to staff or the committee. Mrs. Rhodes stated that she did not think the Council gave any clear direction to the staff on what our position was on that street. She stated that the Council has not decided that issue yet and it is appropriate to go to the Transportation Advisory Committee before the Council makes its decision. Minutes Regular Council Meeting September 24, 1991 Page 14 Mr. Hennings stated that staff is developing alternatives to prevent or discourage traffic through Betty Jean Drive and that issue will be brought back to the Council. Jorge Garza, General Services Director, announced that on September 26 at 10 a.m. in the Chamber of Commerce Board Room, there will be a joint press conference to announce a small business cooperative loan program involving the Industrial Development Corporation. Mayor's Update - Mayor Rhodes recognized Ms. Janet Harte, the current chairman of the Recycling Committee, who is completing her term and has strongly recommended Jennifer Lorenz to be the chairman of the committee. Mayor Rhodes requested Council confirmation on the appointment of Jennifer Lorenz to the Recycling Committee, and the Council concurred unanimously. Ms. Harte and Ms. Lorenz expressed appreciation to the Council. Mrs. Rhodes advised that the Municipal Arts Commission voted unanimously in favor of recommending Jane Goode to be appointed as an advisory member to the commission. She asked for confirmation from the Council, and the Council unanimously appointed Jane Goode as an advisory member. Mrs. Rhodes referred to the solicitations issue and stated that she has requested the City Secretary and City Attorney to look into this matter and will bring back some recommendations in a month. Discussion followed and City Secretary Chapa stated that presently the fund-raising ordinance requires that they disclose to the public that they are soliciting and what percent of each dollar is going for the charitable organization. He stated that also in the ordinance is a section that provides that the City publish who is soliciting, approximately how much will be going for solicitations, and how much will be going for charitable purposes. He stated that he will proceed with putting a report together for presentation in about thirty days. Council Member Guerrero suggested involving some local entities that are involved in telecommunications or soliciting to get their perspective. Mayor Pro Tem McNichols stated that during the budget discussions he brought up the concept of EMS training as being an important issue. He stated that it was his understanding that the Council's directive was that training positions be made a part of the budget. He asked for clarification of this matter. Dr. McNichols referred to the palm trees which have been placed on Ocean Drive in medians and various parks. He stated that a number of people around Swantner Park have requested that trees be placed in that park area, and Mr. Hennings stated that the Minutes • Regular Council Meeting September 24, 1991 Page 15 Park Department plans to put some of the palms from the City nursery in Swantner Park by the end of October. Dr. McNichols referred to the ordinances the City has regarding signs of a mobile nature. He inquired if those ordinances cover only City property and asked if the City can regulate the land that belongs to the State along the causeway, and Mr. Hennings stated that the land does come within the City's regulatory programs and staff is working on that issue. Council Member Moss referred to the seal coating street demonstration and asked why the City is working on vacant streets when there are so many arterial streets that need to be fixed, and Mr. Hennings stated that the City's maintenance program calls for the City to do seal coating periodically on the streets and he discussed the schedule. Council Member Galindo referred to recycling and inquired if there would be a savings to the City by going to a stackable three bin versus a one bin, and Tom Utter, Public Works Director, stated that staff has considered both types of bins; the single bin is the preferred type; and there would not be an overall cost reduction in using the three bins. Council Member Slavik stated that the Southern Union Gas Company is going to make a presentation to the Council relative to buying the City's gas system. She suggested that this topic be discussed during a workshop, and Mr. Hennings stated that the item has not been scheduled yet but it will be within the next thirty days. Mayor Rhodes called for petitions from the audience. Mr. Ron Hudson, 3556 Austin, spoke on the subject of separation of religion and State. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:20 p.m. on September 24, 1991. i i i i i i i f i t Y♦ Y 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 September 24, 1991, which were approved by the City Council on October 1, 1991. WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991. ir- Ar01 mando Chapa City Secretary