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HomeMy WebLinkAboutMinutes City Council - 07/21/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 21, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Cezar Galindo Leo Guerrero Edward Martin Joe McComb Dr. David McNichols Betty Jean Longoria Mary Pat Slavik City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Jo Ann Kernick, National Conference, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 July 14, 1992, and there being no corrections, she proclaimed them approved as presented. i! i i i Y i i t t i t Y Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 10, and Council Members requested that Items 1, 6, 9a, and 9b be withheld for discussion. City Secretary Chapa polled the Council for their votes, and the following were passed: 2. M92-174 Motion approving the purchase of two progressive cavity pumps in accordance with Bid Invitation No. BI -0199-92 from Robbins & Meyers, Inc., Houston, Texas based on the low bid of $46,823. These pumps will be replacing existing pumps located at .Minutes Regular Council Meeting July 21, 1992 Page 2 the Broadway Treatment Plant. Funds have been budgeted by the Wastewater Department for FY 1991-92 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 3. M92-175 Motion approving the purchase of three refrigerated wastewater samplers in accordance with Bid Invitation No. BI -0195-92 from Wingo Equipment Company, Inc., Corpus Christi, Texas based on the low bid of $11,994. These items will be used by the Wastewater Department and are included in the FY 1991-92 Capital Outlay as additional equipment. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye.' 4. M92-176 Motion approving supply agreements for flashlights, lanterns, bulbs and batteries in accordance with Bid Invitation No. BI -0147-92 with the following companies for the following amounts based on low bid and best bid for an estimated annual expenditure of $22,620.55. 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 various departments throughout the City. Funds have been budgeted for FY 1991-92 and requested for FY 1992-93 by the using departments. Alamo Iron Works Corpus Christi, TX (Bid Item - 1, 2, 5, 7-11) Total: $17,443.05 Texas Hardware Corpus Christi. TX (Bid Item - 3,6) Total: $4,001.50 Grand Total: $22,620.55 Texas Mill Supply, Inc. Corpus Christi. TX (Bid Item - 4) Total: $1,176.00 The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 5. M92-177 Motion approving a supply agreement for ready mix concrete in accordance with Bid Invitation No. BI -0187-92 with Gulf Concrete Co., Corpus Christi, Texas, based on aMinutes Regular Council Meeting July 21, 1992 Page 3 best bid for an estimated annual expenditure of $21,292.50. 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 material will be used by the Street, Park and Recreation, Water and Wastewater Departments. Funds have been budgeted for FY 1991-92 and requested for FY 1992-93 by the using departments. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 7. M92-178 Motion to cancel the Regular Council Meeting of August 4, 1992. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 8. SECOND READING ORDINANCE Amending the City Code of Ordinances, Chapter 2, Administration, Division 2, Park and Recreation Advisory Committee, Section 2-72 Duties and Division 4, Water/Shore Advisory Committee, Section 2-82, Duties Section 2-84, Committee's Coordination with Park and Recreation Advisory Committee and Section 2-85, Definitions, adding Oso Creek/Bay and Nueces River/Bay area under committee's jurisdiction. The foregoing ordinance passed on second reading by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 10. ORDINANCE NO. 021436 Authorizing the City Manager to execute a lease agreement with Paisano Girl Scout Council, Inc., for the use of a 38 -acre tract adjacent to Lake Corpus Christi for recreational use through December 31, 2010. The foregoing ordinance passed on third reading by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." Relative to Item 1, motion approving the purchase of fifty-six remote alarm stations and a personal computer, Council Member Slavik inquired whether or not the savings of $92,000 would be realized through phasing out positions, and Mr. Garza replied in the affirmative. Responding to a question from Council Member Galindo, City Manager Garza stated that the conversion of equipment included in some of the bids would be more expensive Minutes Regular Council Meeting July 21, 1992 Page 4 than the selected bid. Next, Mr. Galindo inquired regarding the $25,000 charge to City Radio Maintenance, and City Manager Garza explained that this charge was for the installation and necessary parts. Regarding Item 6, motion authorizing the acquisition of a five cubic yard loader, Council Member McNichols requested whether or not purchasing the equipment would be more economical. Mr. Garza stated that it might be more economical, but due to the high maintenance of this type of equipment, initial leasing would be more cost effective. Mr. F. D. Glenn, Purchasing Agent, explained the maintenance and replacement procedures of the equipment during the five year lease. Council Member McNichols inquired regarding the status of the old loader being replaced, and Mr. Glenn stated it would be placed in the City's auction. Council Member Slavik inquired regarding the purchase of the machine at the end of the contract, and City Manager Garza stated this purchase would be dependant upon the condition of the machine which would be determined by City staff. Mayor Rhodes opened the discussion on Item 9a, prohibition of alcohol in City parks. Responding to a question from Council Member Slavik regarding the curfew, City Attorney Bray explained that this was an existing and general curfew and did not relate to alcohol. Mayor Rhodes called for comments from the audience. Mr. Jim Pruet, KLTG radio station, spoke against the ban on alcohol in City parks and discussed the reasons. He presented a petition to the Council signed by local residents against the ordinance. Ms. Helen Glass, 209 Louisiana, member of Remove Intoxicated Drivers, presented a petition signed by City residents in favor of controlling alcohol in City parks, and further elaborated on the reasons for such petition. Mr. Brian Woodworth, 6314 Kristin, commented unfavorably on the ban of alcohol in City parks, and discussed the events which would be affected. Responding to questions from Council Member Martin, City Attorney Bray stated there is a definite distinction between municipal property, streets, and sidewalks in the related Attorney General opinion. Mr. Martin then discussed the difficulties involved in determining where alcohol consumption would be permitted in the City. He further commented that this ordinance would hopefully address the problem of whether or not drinking in City parks causes antisocial behavior making parks unusable for other people. He suggested that the City first deal with specific complaints and assess whether or not this ordinance would stop these particular complaints. Secondly, he discussed the difficulties the Minutes Regular Council Meeting July 21, 1992 Page 5 Police would encounter when trying to enforce this law. Lastly, Mr. Martin requested that the Park and Recreation Department present alternatives before the third reading. Council Member McNichols stated that the ordinance is not promulgated as a revenue raising source for the City. Further, he stated that the Council is attempting to do what is best for the entire City. Dr. McNichols next discussed State law regarding control, and stated that this is a first step in acknowledging that Corpus Christi has a serious problem with alcohol consumption. He further discussed the resolution sent to the Texas Legislature requesting more control of alcohol consumption in the City. Council Member McComb inquired whether or not the seawall would be included, and City Attorney Bray stated that this ordinance does not include the seawall as it is presently drafted. Mr. Bray further stated that the seawall could be included if the Council requested. Next, Mr. McComb requested more information regarding the seawall before the third reading of the ordinance. Mayor Rhodes discussed the difficulties enforcing the ordinance in this area. 1. M92-173 Motion approving the purchase of fifty-six remote alarm stations for lift stations and a personal computer based polling master system, in accordance with Bid Invitation No. BI -0164-92 from Signalcrafters, Inc., Lawrence, Kansas for the total amount of $158,868. The equipment will be used by Wastewater Services Department, and was budgeted in the FY 1991-92 Capital Outlay. The recommendation is based on low total bid. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 6. M92 -17a Motion authorizing the acquisition of a five cubic yard loader from Holt Company of Texas, Corpus Christi, Texas; authorizing execution of a five-year lease, with purchase option, by and through Caterpillar Financial Services Corporation with an annual interest rate of 6.5%; and authorizing a five-year full maintenance agreement with Holt Company of Texas: Principal $121,772 Interest 30.748 $152,520 Maintenance 86.100 $238,620 Purchase Option 31.980 Total $270,600 Minutes Regular Council Meeting July 21, 1992 Page 6 The equipment is a replacement unit for the Solid Waste Services Department in the landfill operation. The option to purchase is subject to the approval of the City Manager or his designee. The contracts are in accordance with Bid Invitation No. BI -0190-92 and based on low bid. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 9a. M92-180 Motion to amend prior to second reading the ordinance on Alcoholic Beverages on Public School Property and in Park areas, by deleting Section 4.1, Subsection (b) and amending Chapter 36-11, to specify defenses to prosecution. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye"; and Moss voting "No." City Secretary Chapa polled the Council for their votes and the following passed: 9b. SECOND READING ORDINANCE Amending the Code of Ordinances, Chapter 4, Alcoholic Beverages, Section 4-1, Alcoholic Beverages on Public School Property; and Chapter 36, Parks, Recreation, Cultural, and Leisure Time Activities, Section 36-11, Curfew; Alcoholic Beverages, by prohibiting the possession, use, or consumption of any alcoholic beverage in City Parks, however, it shall be a defense to prosecution that the person has a lease, agreement or permit with the City or that the person is transporting closed containers across the L -Head or T -Heads to a boat. The foregoing ordinance passed on second reading as amended by the following vote: Rhodes, Guerrero, Longoria, Slavik, McComb, McNichols, and Galindo voting "Aye"; Martin and Moss voting "No." i Y X• i Y Y Y# f i• i Mayor Rhodes called for consideration of the Regular Agenda. Mayor Rhodes opened discussion on Item 11, motion reaffirming passage on Ordinance No. 021435. Council Member Slavik asked if the exterior of facilities would remain eligible for art and whether the Council would have the final decision regarding the appropriateness of art for a specific location, and City Manager Garza affirmed. Minutes Regular Council Meeting July 21, 1992 Page 7 Council Member Martin commented on the added language in the ordinance regarding "publicly funded," and City Attorney Bray stated that the language is clear when the entire context of the ordinance is considered. 11. M92-181 Motion reaffirming passage on third reading of Ordinance No. 021435 on July 14, 1992, which exempted from public art requirements facilities not generally visited by the public, but provided that the exterior of such facilities should remain eligible. The foregoing motion passed by the following vote: Rhodes, McNichols, Moss, Slavik, Galindo, Guerrero, Longoria, Martin, and McComb voting "Aye." Mayor Rhodes opened discussion on Item 12, motion authorizing approval of public art work for Fire Station No. 1. Council Member Galindo commented on the incomplete furnishings at the Fire Station, and made a motion to not put art work at Fire Station No. 1 and use the money to furnish the fire station. Mr. John Yochem, Chairman of the Municipal Arts Commission, explained that the $16,480 included donations which would not be available for any other purpose if not used for art work. City Manager Garza determined that $8,681 would remain after excluding the donations. He further stated that the incomplete furnishings did not involve safety equipment. Next, Mr. Garza discussed the conversion of the old fire station which would provide furniture for the new location. Mayor Rhodes suggested that, if the motion approving art work failed, the Council would vote on Mr. Galindo's motion. Mr. Galindo withdrew his motion pending the vote of Item 12. Mayor Rhodes further stated that this area is presently being developed in the City. Next, Mrs. Longoria discussed the old courthouse renovation which is located in this area. Council Member Slavik stated that she supports the amended ordinance involving art work, and discussed the reasons for support. 12. M92-182 Motion authorizing approval of public art work for Fire Station No. 1 as it relates to Chapter 2, Section 2-109, Municipal Public Art Program of the City Code of Ordinances. The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Guerrero, and Longoria voting "Aye"; and McComb, Martin, Galindo, and McNichols voting "No." Minutes Regular Council Meeting July 21, 1992 Page 8 Mayor Rhodes opened discussion on Item 13, motion authorizing an agreement with Susan Furini. Ms. Marion Loucks, Park & Recreation, displayed the art work. City Secretary Chapa polled the Council for their vote and the following passed: 13. M92-183 Motion authorizing an agreement with artist Susan Furini in the amount of $16,480 for the fabrication and installation of art work for the exterior of Fire Station No. 1. The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Guerrero, Longoria, Martin, and McComb voting "Aye," and Galindo and McNichols voting "No." Mayor Rhodes called for consideration of Budget Related Items. City Manager Garza gave an overview of the day's budget discussion which involved his new proposal along with the TMRS issue and the City's tax rate and tax levy. Mr. Garza first reviewed the Debt Service Fund and the changes suggested by the Council. He stated that the changes included removing the three cent increase, transferring $500,000 from the Bond Construction account, transferring $100,000 from the Tourist & Convention Fund, and reducing the fund balance by $1,128,000. He further stated that after these changes were incorporated, the closing balance would be $12,335,859. Mr. Garza commented that this amount is 84 percent of next year's debt service. Mr. Garza next discussed the proposed changes to the General Fund. He stated that the changes included an increase in expenditures of $970,000 for the cost of not implementing the 2 Plus Garbage Pickup Plan, an increase of expenditures of $116,255 for the transfer of the street sweeping activity, a decrease in expenditures of $234,542 for the reduced TMRS rate as of January 1, 1993, an expenditure decrease of $491,186 for reduced Group Health Insurance, and reduced revenues of $678,500 for the $115 million decrease of last year's tax base. Mr. Garza next discussed the recommended alternatives in his proposal. He stated that these alternatives included a decrease in revenues for elimination of the two cents tax of $1,152,000, an increase in revenue of $970,000 involving the $1.20 increase for garbage collection, increased revenue of $480,000 for the elimination of early payment discounts on property tax, a decreased expenditure amount of $31,443 for the elimination of one full time Municipal Court Judge as of February, 1993, and an increase of revenue of $678,500 for the adoption of the same tax levy as last year. Mr. Garza further discussed the adoption of the tax levy. He commented on the truth and taxation laws in the State of Texas which involved the computation of an effective tax rate. He explained that this would involve the same pool of property owners paying the Minutes Regular Council Meeting July 21, 1992 Page 9 same amount of overall tax dollars. He further stated that last year's estimated amount was 59 cents, and according to the tentative figures received from the Appraisal District, the amount this year would be approximately 60.2 cents. Mr. Garza next discussed the City's benefit plan. He suggested that after the Budget a survey of other entities be performed to obtain information on different plans. Mr. Garza then reviewed the reasons why a good benefit plan is important. Mayor Pro Tem Moss inquired whether or not the TMRS reduction of $234,542 was based on the year's estimated amount, and Mr. Garza discussed the decrease of the estimated amount from 11 percent to 10.1 percent. Responding to questions from Council Member McComb regarding the increase in garbage collection fees, Mr. Garza stated that $970,000 refers to the collection fee, and $307,000 refers to the tipping fee at the landfill. Further, he stated that $307,000 is reflected in the General Fund's revenues of $93,215,197. Council Member McNichols clarified that the property tax base decrease anticipated for this year is $115 million, and if the City continues the same property tax, there will be a decrease in funds. However, if the City adopts the effective tax levy, the rate would increase and provide the same amount of funds. He further reiterated that this tax levy does not relate to the previously proposed 2 cents and 3 cents increases. A discussion ensued regarding the TMRS benefits, and Council Member Slavik made a motion to authorize the City Manager to set up an independent outside committee to perform a survey and make a recommendation to Council, seconded by Mayor Pro Tem Moss. After a brief discussion, Council Member Slavik amended her motion to direct the City Manager to come back to the Council in three to four weeks on how the matter of TMRS can be approached. Mayor Rhodes called for a voice vote on the motion, and the motion passed by all voting. Council Member Galindo inquired whether or not the early payment discount on property taxes was an actual savings, and Mr. Garza discussed the $480,000 which is the net amount of earned interest. Council Member Slavik compared Mr. McComb's budgetary proposal to Mr. Garza's, and pointed out the differences which included the automobile use fee, the increased delinquent utility penalty, and the reduction of the $1.20 garbage collection rate to 60 cents. City Manager Garza discussed the advantages and disadvantages of a mileage reimbursement program as compared to the automobile use fee. A discussion developed regarding the automobile use fee, and Mayor Rhodes suggested that the City Manager adjust salaries regarding the individual automobile use fees to indicate true salaries. Mr. Garza commented that the automobile use fees decreased salaries which in turn lowered Minutes Regular Council Meeting July 21, 1992 Page 10 contributions to employee's pension plan. Mr. Garza stated that he would provide further information on this subject. Relative to Mrs. Slavik's suggestion regarding the increase of delinquency charges for utility bills initially suggested by City staff, it was determined that this would affect the Utility Fund. Mrs. Slavik suggested an investigation of this matter. A discussion ensued and several Council Members stated opposition to the increased charge. Responding to questions from Council Member McComb, Mr. Garza explained the increased contribution from the Tourist & Convention Fund of $100,000 which was due to the Fund netting more money this year than anticipated. He further stated that the Fund was supported by the hotel/motel tax. A brief discussion developed regarding the sales tax on municipal services contained in Mr. McComb's budgetary proposal, and Mr. Garza commented on the strict enforcement. Council Member Longoria inquired regarding the Corpus Christi Housing Finance Corporation amount of $800,000, and Mr. Garza stated that this amount is not included in his proposed budget. Council Member Martin discussed the proposed alternatives to increase the closing balance, and stated that the creation of real revenue is essential to avoid a major tax increase next year. He further suggested that the bond refunding amount of $800,000 be used for the City's capital outlay program. A discussion developed regarding the capital outlay program, and Mr. Garza stated that a fire pumper was needed at this time. Council Member Galindo inquired whether or not a fire pumper could be purchased from the interest earned on the $800,000, and Mr. Garza stated that the interest would not be sufficient to provide the full amount of approximately $200,000 needed for the fire pumper. Council Member Slavik suggested cutting expenses instead of raising taxes, and referred to privatization. Council Member Guerrero pointed out that the City has not raised taxes since 1989, and commented on the City's low reserve accounts. He next suggested that the City continue support of economic development, and referred to the progress made by the Heart of Corpus Christi. Council Member Martin reviewed the reasons associated with the low reserves, and stressed the importance of balancing the budget with money obtained from permanently cutting expenses and permanently raising revenues. Next, Council Members Martin and McNichols expressed concern over the short term solutions regarding this year's budget. Minutes Regular Council Meeting July 21, 1992 Page 11 A discussion developed regarding the revenue from the Industrial District agreement. Several Council Members expressed concern regarding the perceived revenue, and it was determined that the General Fund's closing balance would be $753,909 without the Industrial District agreement revenue. Council Member McNichols moved to decrease the closing balance in the General Fund by $1.5 million, seconded by Council Member Longoria. Responding to Council Member Slavik's concerns regarding the Industrial District negotiations, Mayor Rhodes commented that the negotiations would commence again the end of August. Mayor Rhodes called for a voice vote on the motion, and it passed by those present and voting. Mayor Rhodes adjourned the Council meeting for a break at 4:15 p.m. Mayor Rhodes reconvened the Council meeting at 4:30 p.m. Council Member McComb expressed concern regarding adoption of the Budget without the exact property tax base, and inquired as to the procedures if the budget was not adopted. Mr. Garza explained that one -twelfth of the existing budget would be allocated per month until adoption. Mr. Garza further stated that the exact property tax base would be received from Mr. Moff on Thursday, July 23, 1992. Council Member Guerrero suggested going forward with the adoption of the Budget, and requested a recommendation from Mr. Garza. Mr. Garza referred to the proposed $1.20 garbage collection increase in his new proposal. He further suggested that if this increase is removed, it be replaced with an ongoing revenue source amount. He further commented that the only ongoing source available at this time is the property tax increase, and would involve an increase of property taxes of approximately one cent. He further commented that this year the Debt Service Fund could be balanced through reserves, but next year the same situation would be present. He further stated that the Council has two alternatives. One alternative is to increase the property tax one cent. The other alternative is to increase the garbage collection rate. Council Member Slavik expressed concern regarding the proposed effective tax rate, and inquired whether or not Mr. Garza would suggest postponing the adoption of the Budget for one week when the new figures from the Tax Appraisal District were available. Council Member McNichols discussed the effective tax rate and stated that an adoption of a tax levy would not be a permanent commitment to a tax rate increase. A broad discussion developed and it was determined that a portion of the $800,000 from the Corpus Christi Housing Finance Corporation should be used for the capital outlay. Minutes Regular Council Meeting July 21, 1992 Page 12 Further, it was determined that this money should be used for one time expenses and not for operating expenses. Council Member McNichols made a motion to use the money as follows: $236,000 for the acquisition of garbage trucks, reducing the garbage rate increase from $1.20 to 91 cents, and $200,000 for a new fire pumper, seconded by Council Member Guerrero. Responding to Council Member Galindo's question regarding a pilot program for the 2 Plus Garbage Pickup Plan, Mr. Garza stated that all possibilities regarding this situation would be reexamined and brought back to the Council at a later date. Mayor Rhodes called for a voice vote on the motion, and the motion passed unanimously. A brief discussion developed and Mr. Garza explained the difference between an effective tax rate and a tax levy. Next, Council Member Guerrero made a motion to adopt an effective tax levy equal to last year's, seconded by Council Member Galindo. Mayor Rhodes called for a voice vote on the motion, and the motion passed with Council Member McComb voting no. Mayor Rhodes commented on the full time Municipal Court Judge position which has been referred to a committee and on the retirement of an existing Judge. Council Member Martin referred to the recommended increases of municipal fees and rates (Item 18 on the day's agenda) and suggested that these increases be examined on an individual basis. Mayor Rhodes stated that these rates would be further examined at a later date. Further, Mr. Martin made a motion to find a way within the budget to fund and staff the deputy city manager position, seconded by Dr. McNichols. Mr. Martin suggested that Mr. Garza define the position's title and role. Responding to a question from Mrs. Slavik, Mr. Garza discussed his current responsibilities and stated the extra support would be beneficial. Mayor Rhodes called for a voice vote on the motion to reinstate the position of a deputy city manager position to be funded within the 1992-93 Budget, and the motion passed unanimously. Mayor Rhodes opened discussion on Item 14, ordinance approving amendments to the Compensation and Classification Plan. Mr. Garza reviewed the contents of the ordinance and explained the changes. Mr. Garza further explained that these changes included clarification language regarding the carry-over of vacation leave for Plan I employees, revising existing language to be in compliance with the Americans with Disabilities Act, updating the Classified and Managerial classification schedules, and revising the Managerial Pay Plan for FY 92-93 to provide for Minutes Regular Council Meeting July 21, 1992 Page 13 revisions to the Managerial Police and Fire salary ranges which are consistent with Collective Bargaining Agreements. Responding to Mrs. Slavik's inquiry regarding whether or not the Managerial Police and Fire salary range is consistent with the Collective Bargaining Agreements, Mr. Garza discussed the policy which deals with this matter. Responding to a question from Council Member Galindo regarding certain language in the ordinance, Mr. Garza explained that this section allowed the police and fire managerial salaries to be in step with the union. City Secretary polled the Council for their votes and the following passed as amended: 14. ORDINANCE NO. 021437 Ordinance approving amendments to the Compensation and Classification Plan for FY 1992-93, to adopt revisions needed to clarify existing language, revise existing language to be in compliance with the Americans' With Disabilities Act, update the Classified and Managerial classification schedules, revise the Managerial Pay Plan for FY 1992-93 to provide for revisions to the Managerial Police and Fire Salary ranges which are consistent with Collective Bargaining Agreements. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, McNichols, Moss, Slavik, Guerrero, Longoria, Martin, and McComb voting "Aye"; and Galindo voting "No." Mayor Rhodes opened discussion on Item 15, regarding the regulation of alarm systems including permits, fees, false alarms, automatic shut-off duties, and liabilities and related matters. City Manager Garza explained that this item would be revenue neutral and was intended to reduce the number of false alarms. He further stated that this reduction would enable the Police Department to provide public safety services more efficiently. Mayor Rhodes called for comments from the audience. Ms. Whitney Jackson -Cram, F. S. Jackson Alarms, commented against the City increasing the number of false alarms to the maximum limits set by the State of Texas. She further stated that the increases penalize alarm users. She also discussed other areas which she felt would be more appropriate to charge. Mr. Dennis Riley, The Safeguard Systems, commented unfavorably on the increases contained in the ordinance. Mr. Riley also stated that false alarms are a problem and that the alarm companies should not penalized in the attempts to solve the problem. Council Member Martin inquired regarding the problem with the ordinance, and Mr. Riley stated Minutes Regular Council Meeting July 21, 1992 Page 14 that the alarm users are paying city taxes for city services, and that these City services should include alarm security. An employee of an alarm security company and alarm user stated that she is not opposed to the present ordinance, but opposed to the blame for false alarms being placed on the alarm companies. Mr. Eric Wramp, 802 Barry, President of the Police Officer's Association, stated that he felt the ordinance was originally enacted to clean up the bad alarms. Mr. Wramp stated that the ordinance had not worked, and suggested that the ordinance include penalties to public buildings. He further suggested that the alarm companies answer their own alarms and then call the police. Mr. Kevin Romel, Alarm Security, commented unfavorably on public buildings being exempt from false alarm regulations. A discussion developed regarding the exemption of the school districts, and Dr. McNichols requested that this matter be investigated. City Attorney Bray stated that more information would be provided. Mr. Jessie Montalvo, The Safeguard System, discussed the program implemented in San Antonio. Mr. Montalvo requested the Police Department and the City provide accurate figures on false alarms before passage of the ordinance. Further, he revealed that in many instances the alarm companies were paying for the false alarms. Police Chief Henry Garrett reaffirmed the number of false alarms the Police Department responds to and discussed the problems associated with the false alarms. Council Member Martin expressed concern regarding the cost to implement an automatic shut-off system, and requested information on this. Further, Mr. Martin suggested implementation of a procedure which would allow the public to know the number and reasons for their false alarms on an individual basis. Mr. Garrett discussed the policies previously employed by the City which kept the public informed. Council Member Guerrero expressed concern regarding the increasing costs to citizens with alarms. City Secretary Chapa polled the Council for their vote and the following passed: 15. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 31, Alarm Systems, regarding regulation of alarm systems including permits, fees, false alarms, automatic shutoff, duties and liabilities and related matters. Minutes Regular Council Meeting July 21, 1992 Page 15 The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Moss, Slavik, Galindo, Longoria, Martin, and McComb voting "Aye"; and Guerrero voting "No." Mayor Rhodes opened the discussion on Item 16, ordinance amending code for Parks, Recreation, Cultural and Leisure Time Activities, for rental and recreation increases and to add new rental and recreation fees, as listed in the attachment. City Manager Garza stated that the increased fees are listed in the ordinance along with the creation of new fees. He further stated that he would provide information to the Council regarding the increases. Council Member McComb inquired regarding the fees for the Multicultural Center, and Mr. Garza discussed the tours at Heritage Park and the need for a charge. City Secretary Chapa polled the Council for their votes and the following passed: 16. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, etc., Sections 36-3 and 36-7, for rental and recreation fee increases and to add new rental and recreation fees. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Moss, Slavik, Guerrero, Longoria, Martin, and McComb voting "Aye"; Galindo absent. Relative to Item 17, amending the Code regarding street rental fees, Mr. Garza explained that the City Attorney suggested that this section be enacted as a separate ordinance. City Secretary Chapa polled the Council for their votes and the following passed: 17. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 49, Streets and Sidewalks, Article IV, Charges for use of rights of way, by adding a new Section 49-70, Street Rental Fees for Public Utilities, by establishing street rental fees for public utilities utilizing city streets or property without a franchise agreement. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Moss, Slavik, Guerrero, Longoria, Martin, Galindo, and McComb voting "Aye." Relative to Item 18, Mayor Rhodes referred to the amendment made to this ordinance at the day's Council meeting, and City Manager Garza stated that he would present the amended ordinance next week. Minutes Regular Council Meeting July 21, 1992 Page 16 Council Member Guerrero moved to amend Item 18 on first reading to reduce the solid waste service rate increase from $1.20 to 91 cents per month, seconded by Council Member McNichols. Mayor Rhodes called for a voice vote on the motion, and the motion passed by all those present and voting. City Secretary Chapa polled the Council for their votes, and the following passed as amended by the following vote: 18. FIRST READING ORDNANCE Amending the Code of Ordinances, Sections 21-18 and 21-19, to implement new residential, business and commercial landfill disposal fee schedules. The foregoing ordinance passed on first reading as amended by the following vote: Rhodes, McNichols, Moss, Slavik, Galindo, Guerrero, Longoria, Martin and McComb voting "Aye." Mayor Rhodes opened discussion on Items 19, 20, and 21, changing rates for water, wastewater, and gas and called for comments from the audience. Mr. J. E. O'Brien, 4130 Pompano, commented unfavorably on these increases and suggested other areas to decrease costs. Responding to Mr. O'Brien's comments, Mr. Garza commented on his meeting with the Tax Payers Association last week, and further discussed the City's reserve funds. Relative to Mr. O'Brien's comments regarding the difficulty in making payments at City Hall, a discussion developed and several Council Members expressed concern. Council Member Galindo suggested that the signs in City Hall be posted more clearly and in Spanish as well as English. Mr. Garza stated that he would have this matter investigated by staff. Mr. Abel Alonzo, 1701 Thames, commended the Council for their services to the community. 19. ORDINANCE NO. 021438 Amending the City Code, Chapter 55, Utilities, Article III, Water Rates and Charges, Section 55-50, Schedule, by amending the water rate schedule for customers using treated and untreated water. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Moss, Galindo, Guerrero, Longoria, Martin, and McComb voting "Aye"; Slavik voting "No." Minutes Regular Council Meeting July 21, 1992 Page 17 20. ORDINANCE NO. 021439 Amending the City Code, Chapter 55, Utilities, Article IV, Gas Rates and Charges, Section 55-61, Classification of customers and schedules of rates, as set forth in Ordinance No. 21001 as amended, so as to change the schedule of gas rates for all customers to the City -owned gas distribution system by providing a new schedule of gas rates for all customers. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Moss, Galindo, Guerrero, Longoria, Martin, and McComb voting "Aye"; Slavik voting "No." 21. ORDINANCE NO. 021440 Amending Article VII, Section 55-100 of the Code of Ordinances, City of Corpus Christi, 1976 Revision, so as to provide certain increases in wastewater rates; deleting rates for dried sludge; adopting a winter averaging rate design system for one family residences effective June 1, 1993; providing for repeal of all ordinances in conflict. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Moss, Galindo, Guerrero, Longoria, Martin, and McComb voting "Aye"; Slavik voting "No? Mayor Rhodes opened discussion on Item 22, ordinance adopting and approving the City of Corpus Christi FY 1992-93 Budget and appropriating monies for said budget. City Manager Garza referred to the language in the ordinance which adopts the budget, "with any necessary reconciling adjustments made by the City Manager, in accordance with City Council decisions." He stated that this clause allowed the changes at the day's meeting to be incorporated into the ordinance. He next stated that a tax levy determining an effective tax rate would be brought back to the Council next week for formal adoption. Mayor Rhodes called for comments from the audience regarding the Budget. Mr. J. E. O'Brien, 4130 Pompano, commented on the amounts contained within the Budget regarding the reserve funds and closing balances. Responding to a question from Council Member Galindo, Mr. Garza stated that the closing balance monies remain in the funds and are available for the next year's budget. Mr. Lewis Lovelace, 1549 Casa Grande, commented unfavorably on the increase in taxes and suggested expenses which could be reduced. Mr. R. F. Hasker, 1813 Wallace Avenue, expressed support for the Tax Payers Association, and commented on the water used by the USS Lexington. Minutes Regular Council Meeting July 21, 1992 Page 18 Responding to Mr. Hasker's concerns regarding the water used by the USS Lexington, Council Member Slavik requested that Mr. Garza contact Mr. Rob Early for more information. Mr. Arthur Barnes, 218 Skipper Lane, representative of Corpus Christi Police Department Civilian Membership, commented on the increased vehicle maintenance amounts in the Budget. City Manager Garza discussed the increase, and stated that he would provide further information if Mr. Barnes desired. Mr. Leon Perez, 904 Buford, discussed the utility increases and the utility meter readings at his residence. Responding to Mayor Rhodes inquiry regarding the motions at the day's meeting amending Item 22, City Attorney Bray reviewed the procedure and stated that this procedure was acceptable. Mayor Pro Tem Moss inquired whether or not language should be added to the ordinance addressing interdepartmental transfers, and Mr. Garza stated that he would provide a net budget. City Secretary Chapa polled the Council for their votes and the following passed as amended: 22. ORDINANCE NO. 021441 Ordinance adopting and approving the City of Corpus Christi Budget for FY 1992-93 and appropriating monies for said budget. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, McNichols, Moss, Slavik, Galindo, Guerrero, Longoria, Martin, and McComb voting "Aye." Council Member Martin requested the amended ordinance information in this week's packet, and Mr. Garza stated that he would provide this information. Mayor Rhodes called for the City Manager's report. City Manager Garza expressed appreciation to the City Council for support during the Budget process. Mayor Rhodes called for Council concerns and reports. Minutes Regular Council Meeting July 21, 1992 Page 19 Council Member Moss commented on a newspaper editorial involving the transfer of a utility account from one location to another. Mr. Garza stated that this matter has been turned over to City staff. Council Member Longoria discussed the present Budget process and the ensuing Council responsibilities. Mayor Rhodes called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 7:15 p.m. on July 21, 1992. 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 21, 1992, which were approved by the City Council on July 28, 1992. WITNESSETH MY HAND AND SEAL, this the 20th day of August, 1992. Armando Chapa City Secretary SEAL