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HomeMy WebLinkAboutMinutes City Council - 07/28/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 28, 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. Assistant City Secretary Saundra K. Koenning 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 Longoria. Assistant City Secretary Koenning 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 21, 1992, read the correction changing Mayor Pro Tem from Betty Jean Longoria to Clif Moss, and proclaimed them approved, as corrected. * * * t i r e**#• k Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 16, and Council Members requested that Items 2, 9, 10a, 10b, 12, 13, and 16 be withheld for discussion. Mayor Rhodes commented that Items 3 and 11 had been withdrawn from consideration. Assistant City Secretary Koenning polled the Council for their votes and the following were passed: Minutes Regular Council Meeting July 28, 1992 Page 2 1. M92-185 Motion approving the purchase of an automatic mail opener which includes a manufacturer's warranty and a one year maintenance contract in accordance with Bid Invitation No. BI -0214-92 from Agissar Corporation, Petaluma, CA, based on low bid for a total of $13,567. This equipment will be used by Central Cashiering to process utility receipts and is budgeted in the FY 1991-92 Capital Outlay as replacement equipment. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 4. M92-187 Motion approving the purchase of one stormwater monitoring system in accordance with Bid Invitation No. BI -0200-92 from Wingo Equipment Co., Inc., Corpus Christi, Texas based on the low bid of $14,040. This equipment will be used by the Wastewater Department at the Oso Wastewater Treatment Plant. Funds have been budgeted in 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? 5. M92-188 Motion approving the purchase of two chlorine residual analyzers in accordance with Bid Invitation No. BI -0205-92 from Environmental Improvements, Inc., Belleville, NJ, based on the low bid of $13,582. These analyzers will be used by the Wastewater Department for the analysis of chlorine which is used in the wastewater treatment process at Oso Wastewater Treatment Plant. These items are listed as replacements in the 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." 6. M92-189 Motion approving a contract to purchase equipment for modifications to the traveling bridge sludge collection units at the Oso Wastewater Treatment Plant in accordance with Bid Invitation No. BI -0201-92 with C -D Electric Motor Service, Corpus Christi, Texas, based on the low bid of $15,500. This contract will be administered by the Wastewater Department and funds are budgeted in 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." Minutes Regular Council Meeting July 28, 1992 Page 3 7. M92-190 Motion awarding a contract in the amount of $61,000 to R.S. Black Civil Engineers and Contractors to rehabilitate the concrete walls in the Broadway Wastewater Treatment Plant Bar Screen Chamber and the Jester Street Lift Station Wet Well. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 8. M92-191 Motion awarding a contract in the amount of $16,224.75 to South Shores Construction Company to remove and/or replace deteriorated sidewalks at Memorial Coliseum. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye.' 14. SECOND READING ORDINANCE Amending the Code of Ordinances, Sections 21-18 and 21-19, to implement new residential, business and commercial collection and landfill disposal fee schedules. The foregoing ordinance passed on second reading by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 15. ORDINANCE NO. 021443 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 third reading by the following vote: Rhodes, Galindo, Moss, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 2, purchase of a power monitor system for the Wastewater Department. Responding to questions from Council Members Slavik and McNichols regarding the savings and plant selection, Mr. Bill Hennings, Director of Public Works/Utilities, explained that the Oso Wastewater Treatment Plant was the City's largest plant and would render the greatest savings. Minutes Regular Council Meeting July 28, 1992 Page 4 Mayor Rhodes opened the discussion on Item 3, purchase of various computer hardware and software items for Aviation and Health Department. Council Member McNichols inquired regarding the necessity of this equipment. City Manager Garza discussed the reasons the Health Department required updated equipment and discussed the State funding involved. Mr. George Hext, Director of Aviation, explained the Airport's need for the equipment which would upgrade the CAD system, provide immediate financial information from the City's main frame, and track tenant information. Council Member Martin expressed concern regarding the duplication of information. A brief discussion ensued and it was determined this item would be withdrawn from consideration pending further information. Relative to Item 9, authorizing a contract with the Texas Department of Human Services for the continuation of the Title XX Meals on Wheels Program, Council Member Slavik inquired regarding the status of privatizing the food service operation, and Mr. Garza stated that he would provide more information in the August 11 agenda packet. Mayor Rhodes opened the discussion on Item 10a, appropriating funds for FY 1992 Community Development Block Grant Program projects. Responding to Council Member Martin's concern regarding authorization of contracts for the CDBG Block Grant Programs, City Manager Garza commented that construction and non-profit contracts would be presented to the Council individually. Mayor Rhodes opened the discussion on Item 12, amending Code of Ordinances, for rental and recreation fee increases and adding new rental and recreation fees. Council Member Longoria expressed concern regarding the discounted golf fees, and Mr. Malcolm Matthews, Director of Park & Recreation, explained the discounts provided for frequent golfers. Responding to further concerns from Mrs. Longoria, Mr. Matthews discussed the procedures for setting green fees. Council Member Martin requested a golf fee comparison among current and proposed increases, and recommendations from the Green's Committee. Mr. Garza referred to the August 11 presentation which would address all recreation fees. Mr. Martin next inquired whether or not the rate increases were included in the FY 1992-93 Budget, and Mr. Garza replied in the affirmative. Council Member McComb discussed the additional revenues realized through golf fee increases and referred to the Golf Association's support. Council Member Longoria stated that it was her understanding that the Golf Association supported the increases providing that another increase would not occur for three years. A discussion developed and Mr. Garza commented that golf rates are determined yearly by the Council. Council Member Galindo requested that the August 11 presentation address the effects fee increases have on youth participation. Mr. Garza explained that a flat economy and reduced sponsorship contribute to reduced youth participation. Minutes Regular Council Meeting July 28, 1992 Page 5 Council Member McNichols discussed the previous Council decision to continue assisting youth programs and move adult programs toward self-sufficiency. Mayor Rhodes opened the discussion on Item 13, amending Code of Ordinances, charges for use of right-of-ways by establishing a street rental fee for public utilities without a franchise agreement. Responding to an inquiry from Council Member Galindo regarding the ordinance, Mr. Garza explained that the only change involved was adding a new section to the Code to prevent re-enacting, and did not involve fee changes. Mayor Rhodes opened the discussion on Item 16, prohibiting the possession, use, or consumption of any alcoholic beverages in City Parks. Council Member Longoria inquired regarding the exact areas in City parks affected, and City Attorney Bray stated that all areas designated to be parks would be included. Council Member McComb inquired whether or not the ordinance included the seawall, and City Attorney Bray stated that, since the seawall was not a designated park, it would not be included. A discussion developed and it was determined that other areas, such as the seawall and Mustang Island, could be addressed in a separate ordinance. Council Members Moss and Longoria expressed concern regarding the enforcement of the ordinance and reviewed their reasons for concern. Next, Police Chief Garrett discussed current police patrol in the City. Responding to an inquiry from Council Member Slavik, the City Manager stated that golf courses are not presently considered parks. Council Member Guerrero referred to the existing laws handling public intoxication and stated that this new ordinance would prevent public intoxication. Council Member McNichols commented that there might be an inconvenience to a few people in the community, but the safety of children in City parks is a priority. He further discussed the Council's efforts to control alcohol abuse in the City. Mayor Rhodes called for comments from the audience. Mr. Jim Pruet, KLTG radio station, commented on the existing laws and requested stronger enforcement of these laws. He reviewed his reasons for opposition to the ordinance and presented a petition to the Council in opposition. Mr. Clayton Cates, 9541 Wilkins, commented on the broadness of the ordinance, and discussed the difficulties of enforcement. He suggested that, instead of banning entire parks, alcohol consumption be prevented a certain number of feet from children's play areas. Minutes Regular Council Meeting July 28, 1992 Page 6 Mr. David Noyola, 4433 Valdez, suggested controlling alcohol in certain areas of parks, and discussed family gatherings in his neighborhood park. Mr. Michael McCutchon, a local physician and sailboarder, commented unfavorably on the ordinance because he felt the ordinance would be an infringement on citizen rights. Mr. Dennis Boyle, 1921 Waldron Road, commented on his opposition to the ordinance and made suggestions for enforcing existing laws. Miss Courtney Tegeler, a local high school Senior, commented that she felt City parks are for children, and discussed reasons to support the ordinance. Mrs. Sally Madaline, 5026 Wooldridge, representative of Remove Intoxicated Drivers, commented favorably on the ordinance. She also reviewed other cities in the State which have a similar ordinance. Mr. Harold Hoppenrath, 338 Clifford Street, commented favorably on the ordinance. Ms. Abbey Saenz, 5127 Cape Ann, reviewed statistics involving alcohol consumption by youths, and commented favorably on the ordinance. Mr. Brian Woodworth, 6314 Kristin, presented a petition to the Council against the ordinance, and suggested enforcing existing laws through public involvement. Mr. Terry D. Hille, 4422 Cedar Street, chemical dependency counselor, reviewed his reasons for support of the ordinance. Mrs. Geraldine Rice, 617 Driftwood, commented on limitations the ordinance would place on individuals and stated that stronger enforcement of existing laws would be more beneficial to the City. Ms. Shae Salinas, a local musician, commented on her reasons for opposition to the ordinance. Ms. Jean Newberry, 430 Cape Hatteras, reviewed the reasons for her support of the ordinance. A local resident discussed the liability insurance requirements proposed in the permit and stated that the average citizen would not be able to afford such insurance. He also requested stronger enforcement of existing laws. Mr. David Yzaguirre, 1735 Third Street, stated that he felt the ordinance would promote gatherings without the need for alcohol and encourage personal responsibility. Mr. Leon Perez reviewed his reasons for opposing the ordinance Minutes Regular Council Meeting July 28, 1992 Page 7 Mr. Frank Peerman, 360 Bermuda, discussed the effects of drinking alcohol and driving, and commented on his reasons for supporting the ordinance Mr. Phil Rosenstein, 949 Bobalo, explained his reasons for supporting the ordinance. Mr. Fred Cavazos, LULAC representative, District 11, referred to LULAC's letter to the Council regarding drinking, and addressed drinking at certain festivals in the City. Ms. Peggy May, 4109 Boros Drive, stated that she is in favor of the ordinance and discussed difficulties controlling alcohol consumption in certain areas of City parks. Mr. Carlos Valdez, County Attorney, reviewed statistics in Nueces County involving alcohol consumption, and discussed the reasons he felt the ordinance would be beneficial to the community. Mr. Orlando Torres, employee of Nueces County Juvenile Department, reviewed his reasons for support of the ordinance. Mr. Anson Nash, 1241 Sandpiper, commented on the importance of controlling alcohol in City parks and reviewed problems associated with alcohol. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 2. M92-186 Motion approving the purchase of a power monitor system in accordance with Bid Invitation No. BI -0204-92 from Corpus Christi Electric Co., Corpus Christi, Texas, based on the low bid of $14,224.30. This item will be used by the Wastewater Department to monitor electrical consumption at the Oso Wastewater Treatment Plant and is included in the 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. WITHDRAWN - .. equipment in the FY 1991 92 Capital Outlay: Computcrs At Sunrise Mall o .0 Christi Tcxa Bid Items: 1.1; 1.2; 2.1 2.6; 3.2; 3.5; 41 4.8 Tcjas Computers, Inc. C .us Christi Texas 0 Bid Items: 1.3; 1.6; 3.1; 3.4 Minutes Regular Council Meeting July 28, 1992 Page 8 Total: $18,772.00 Total: $13,463.00 GetnpuAdd Bid Items: 1.5; 3.3 Total: $3,725.87 Grand Total: $35,960.87 9. M92-184 Motion authorizing the City Manager or his designee to submit an application and to execute all documents necessary to enter into a contract with the Texas Department of Human Services for the continuation of the Title XX Meals on Wheels Program, for the contract period September 1, 1992 through August 31, 1993. The contract contains a budget which includes $127,549 in Title XX funds, $20,530 in USDA funds, $27,025 in City cash match, and $14,182 in City in-kind match, for a contract total of $189,286. The match funds are included in the City's fiscal year 1993 budget. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 10.a ORDINANCE 021442 Ordinance appropriating funds for FY 1992 Community Development Block Grant (CDBG) Program projects approved by City Council on May 5, 1992. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 10.b. M92-192 Motion authorizing the City Manager to execute all documents necessary to accept and implement the FY 1992 Community Development Block Grant Program. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 11. WITHDRAWN Minutes Regular Council Meeting July 28, 1992 Page 9 12. SECOND 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 second reading by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 13. SECOND 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 second reading by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 16. ORDINANCE NO. 021444 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 third reading by the following vote: Rhodes, Galindo, Guerrero, McComb, McNichols, and Slavik voting "Aye'; Moss, Longoria, and Martin voting "No." Mayor Rhodes called for consideration from the Regular Agenda. City Manager Garza suggested that Mr. George Hext, Director of Aviation, discuss Items 17, 18, 19, 20, and 21 since each Item related to the Airport. Mayor Rhodes adjourned the Council meeting for a break. Mayor Rhodes reconvened the Council meeting. Minutes Regular Council Meeting July 28, 1992 Page 10 Mr Hext reviewed the benefits and necessities of each and each item's relationship to the Council's request to improve the Airport. A brief discussion followed and Mr. Hext answered questions from Council Members. Mr. Carl Crull, Director of Engineering, reviewed the warranties and the specifications in the contracts. Responding to Council Member Martin's concerns regarding Item 20, Mr. Crull reviewed previous improvements to the parking lots. Mr. Martin requested information regarding previous gate and booth improvements, and Mr. Crull stated that he would provide this information. Also, Mr. Martin inquired whether or not this new equipment would provide for a reduction in employees. Council Member Galindo inquired regarding the computer's capabilities, and Mr. Hext explained that the manufacturers did not recommend cross utilization of the computer. Mr. Galindo requested a report regarding the specifications of the computer system. Council Member McNichols inquired regarding Item 21, roof repairs, and Mr. Hext discussed the warranty in the contract. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 17. M92-193 Motion awarding a contract in the amount of $17,213 to Asbestos Control Team for asbestos abatement in the boiler room area of the Corpus Christi International Airport. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 18. M92-194 Motion awarding a contract in the amount of $216,800 to Victoria Air Condition, Inc., to replace the boiler and cooling tower at the Corpus Christi International Airport. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 19. M92-195 Motion awarding a contract in the amount of $44,009 to D & R Sales Company, Inc., to construct an Airfield Maintenance Building and Concrete Driveway at the Corpus Christi International Airport. Minutes Regular Council Meeting July 28, 1992 Page 11 The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." 20. M92-196 Motion awarding a contract in the amount of $183,388 to Fairbairn Electric, Inc., to provide and install a replacement revenue control system for the public pay parking lots at the Corpus Christi International Airport. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, and Slavik voting "Aye"; McNichols voting "No." 21. M92-197 Motion approving Change Order No. 3 in the amount of $44,500 to the contract with Haeber Roofing for the Airport Terminal and Concourse Roof Improvements Project for roof replacement on the Tower Cab and a portion of the Tower Building. The foregoing motion passed by the following vote: Rhodes, Moss, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye." Mayor Rhodes opened discussion on Item 22, adoption of the ad valorem tax rate of .60344 per $100 evaluation for 1992 to support maintenance and operation in debt service for FY 92-93. City Manager Garza discussed Section 4 of the Ordinance and suggested an amendment reflecting more explicit language coinciding with State law. He stated the new language would read as follows: "That all taxes for the year 1992 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 1993, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder." Council Member Slavik made a motion to amend Section 4 of the Ordinance to reflect Mr. Garza's recommendation, seconded by Council Member Martin, and the motion passed unanimously. Council Member McComb referred to the motion passed last week adopting an effective tax rate and tax levy. He stated that it was the Council's understanding that this tax levy would produce taxes equal to last year's in the amount of $36,166,594. Mr. McComb next referred to the 1991 adjusted tax levy in the amount of $35,633,910 in the distributed material, and requested an explanation regarding the difference. Minutes Regular Council Meeting July 28, 1992 Page 12 City Manager Garza explained that after the roll certification each year, the Chief Appraiser is required to adjust this rate according to an adjusted amount evolving from property tax evaluation appeals on various large City properties. He further stated that this roll adjustment lowers the tax base resulting in less taxes to the City than anticipated. Responding to further questions from Mr. McComb, Mr. Garza explained that $.60029 is last year's effective tax rate, and that $.60344 is last year's adopted tax rate. Council Member McComb next expressed concern regarding the City's property tax exemptions, and suggested a committee review. Council Member Slavik recommended delaying the setting of the tax rate, and reviewed reasons for such request. She stated the first reason was the date error in the tax rate ordinance. She next referred to the difference in Juan's figure of $.47229 and $.46685. Mrs. Slavik thirdly referred to the revenue from the Industrial District agreement and stated that this money could be used in place of a property tax increase. Responding to a question from Mrs. Slavik regarding the Texas Property Tax Code language "that the governing body of the taxing unit should adopt a tax rate by September 1 or as soon thereafter as practicable," City Attorney Bray explained acceptable delays. Council Member McComb discussed Mrs. Slavik's request to delay setting the tax rate levy and referred to the Industrial District funds which would eliminate the need for a tax rate increase. A discussion developed and it was determined that the Industrial District agreement would not be finalized by the September 1 deadline for setting the tax rate. City Manager Garza stated the tentative deadline for completing the Industrial District agreement is September 30. Council Member Moss referred to the City's street maintenance and commented that the City had been using reserves for this maintenance. He further commented that a one cent tax rate would produce $6 million for bonds and Certificates of Obligations which could be used for street repairs. Council Member Martin discussed the effective tax rate and the recommended tax rate. He further suggested delaying the setting of the tax rate until more information was acquired. Mayor Rhodes stated she was not in favor of using Industrial District funds in place of a tax increase. City Manager Garza stated that, if a tax rate of $.60029 is adopted, it would result in a net loss of revenues of property taxes to the City of $188,792 as compared to $.60344 in the certified roll. Mr. Garza next discussed the procedural effects of reducing the rate. Minutes Regular Council Meeting July 28, 1992 Page 13 Responding to Council Member Galindo's inquires, Mr. Garza stated that the $36,166,594 was 100 percent of the levy. He further stated that, based on prior history, approximately 94 percent would be collected. Council Member Slavik referred to the delay in setting the tax rate and discussed the 1.3 cents tax rate increase which would bring the City approximately $635,000. Council Member Slavik made a motion to delay setting the tax rate and set it at a time that will comply with the September 1 State law deadline, seconded by Council Member McComb. Mayor Rhodes called for a hand vote on the motion, McComb, Martin, and Slavik voting for and Rhodes, Galindo, Guerrero, Longoria, McNichols, and Moss voting against The motion failed to pass. Council Member McNichols discussed the reduction in the closing balance and referred to the five cents tax increase which the Council rejected. He further stated that adopting an effective tax rate is a small increase but does not commit to future increases. Mayor Rhodes discussed the low reserves and stated she felt it unwise to have low reserves in the event of a hurricane. Council Member Martin discussed the cuts in the Budget and low reserve accounts. Next, Mr. Martin moved that the tax rate be levied based upon the effective tax rate calculation which is $.60029 instead of $.60344. Mayor Rhodes called for a second on Mr. Martin's motion, and the motion failed for lack of a second. Mayor Rhodes called for comments from the audience. Mr. R. F. Hasker, 1013 Wallace, discussed the delay in setting the tax rate, the Industrial District agreement, and the U.S.S. Lexington water usage. Mr. J. E. O'Brien, 4130 Pompano, stated that he opposed approving the proposed tax rate today and discussed his reasons for such opposition. He further commented that the adoption of the tax levy ordinance would violate the City Charter and suggested a three reading ordinance for clarification. He next discussed the compromise between the Tax Payers Association and the City in 1980. Mr. O'Brien next compared last year's closing balance to this year's closing balance. Mr. O'Brien called for a point of order regarding the violations of the City Charter, and City Attorney Bray stated that the City Charter allowed the Council to determine when an emergency existed. Mayor Rhodes made a motion to change the Ordinance from an emergency ordinance to a three reading ordinance, seconded by Council Member Galindo. Mayor Minutes Regular Council Meeting July 28, 1992 Page 14 Rhodes called for a hand vote on the motion and it passed by Rhodes, Galindo, Slavik, Longoria, Martin, and McComb voting "Aye'; Moss, Guerrero, and McNichols voting "No." Council Member Martin inquired whether or not Item 23 could be addressed before the final adoption of Item 22, and City Attorney Bray stated no. Assistant City Secretary Koenning polled the Council for their votes and the following passed as amended: 22. FIRST READING ORDINANCE Ordinance adopting the 1992 ad valorem tax rate of $0.60344 per $100 valuation for 1992 to support maintenance and operation and debt service for FY 1992-93 as follows: $0.47229 - in support of the City's maintenance & operations 0.13115 - in support of debt service 0.60344 - Total Tax Rate The foregoing ordinance was passed on first reading as amended by the following vote: Rhodes, Moss, Galindo, Longoria, McNichols, and voting "Aye"; Slavik, Guerrero, McComb, and Martin voting "No." Mayor Rhodes stated that Item 22 would be addressed on second reading in two weeks and Item 23 would be addressed on the third reading of Item 22. 23. WITHDRAWN Property Tax Code. Mayor Rhodes opened the discussion on Item 24, motion authorizing the acquisition of 104.9 acres of property from the Resolution Trust Corporation in the amount of $185,000 for regional parkland along Oso Creek Parkway between Everhart Road and Staples Street. Mr. Tom Utter, Director of Development Services, discussed the advantages of purchasing this property. He next showed picture slides and charts of the property and surrounding area. Council Member Slavik expressed concern regarding archeological sites located on the land, and discussed the possibility of park development through the Corp of Engineers. Council Members McNichols and Galindo expressed concern regarding the development as a regional park, and discussed the need for maintenance and equipment in existing City parks. Council Member Longoria inquired whether or not the funds for this Minutes Regular Council Meeting July 28, 1992 Page 15 purchase could be used at other parks in the City, and it was determined that these funds could not be used at other locations. Mayor Rhodes commented on the previous Oso Park Greenway plan and discussed the importance of nature, biking, and hiking trails in the City. Council Member Martin discussed the reasons he supported this purchase. Mr. Utter commented that, since this land would be purchased with park bond funds, it would be considered a dedicated park. Mayor Rhodes called for comments from the audience. A citizen residing at 4114 Claudia, commented favorably on the purchase of this land. Mrs. Pat Suter, 1002 Chamberlain, discussed the need for a regional park in the City. Mr. Herman Johnson, 6025 Lost Creek Drive, President of the Botanical Gardens, stated that he supported this purchase and reviewed reasons why it would be advantageous to the City. Mr. Claude D'Unger, 201 Del Mar, a member of the local Review Committee for Texas Antiquities, discussed the archeological and cultural assets involved in the Oso Creek area. Ms. Toby Shor-Oshman, Chairman of the Park & Recreation Advisory Committee, discussed the importance of the purchase. Assistant City Secretary Koenning polled the Council for their votes and the following passed by the following vote: 24. M92-198 Motion authorizing the acquisition of 104.9 acres of property from the Resolution Trust Corporation in the amount of $185,000 for regional parkland along Oso Creek Parkway between Everhart Road and Staples Street. The foregoing motion passed by the following vote: Rhodes, Moss, Guerrero, Longoria, Martin, McComb, and Slavik voting "Aye"; and Galindo and McNichols voting "No? Mayor Rhodes opened the discussion on Item 25, resolution urging the Texas Water Commission to adopt rules which will totally ban heat exchange systems. Mr. Bill Hennings, Director of Public Works/Utilities, discussed heat exchange systems in the City and the possibility of contamination of the City's water system. Minutes Regular Council Meeting July 28, 1992 Page 16 Assistant City Secretary Koenning polled the Council for their votes and the following passed: 25. RESOLUTION NO. 021445 Resolution urging the Texas Water Commission to adopt rules which will totally ban heat exchange systems that return "used" water into the public water distribution system. The foregoing resolution passed by the following vote: Rhodes, Moss, Galindo, Longoria, McComb, McNichols, and Slavik voting "Aye"; Guerrero and Martin absent. Mayor Rhodes opened the discussion on Item 26, amending the Code of Ordinances to decrease State law maximum speed by establishing a 25 M.P.H. speed limit on the City maintained extension of Carmel Parkway between Staples and Gollihar. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 26. FIRST READING ORDINANCE Amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-255, Schedule VI -Decrease of State Law Maximum Speed, by establishing a 25 MPH speed limit on the City -maintained extension of Carmel Parkway between Staples Street and Gollihar Road. The foregoing ordinance passed on first reading by the following vote: Rhodes, Moss, Longoria, McComb, McNichols, and Slavik voting "Aye"; Guerrero, Galindo, and Martin absent. Mayor Rhodes opened the discussion on Item 27, amending the City Code, designating Brentwood Drive as a one way street in the southbound direction of travel between Norton Street and Brawner Parkway during the posted school hours. Council Member McComb inquired regarding the procedure designating one way streets, and Mr. Crull briefly discussed the procedure and stated that he would provide further information to Mr. McComb. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 27. FIRST READING ORDINANCE Amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-250, Schedule I, Streets and Alleys, by designating Brentwood Drive as a one-way street Minutes Regular Council Meeting July 28, 1992 Page 17 in the southbound direction of travel between Norton Street and Brawner Parkway, during posted school hours. The foregoing ordinance passed on first reading by the following vote: Rhodes, Moss, Longoria, McComb, McNichols, Galindo, and Slavik voting "Aye"; Martin and Guerrero absent. Mayor Rhodes opened discussion on Item 28, amending Code providing City Traffic Engineer expanded authority to establish curbside and roadside parking restrictions. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 28. FIRST READING ORDINANCE Amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-152, Stopping, Standing or Parking Near Hazardous or Congested Places, by providing the City Traffic Engineer expanded authority to establish curbside and roadside parking restrictions. The foregoing ordinance passed on first reading by the following vote: Rhodes, Moss, Galindo, Longoria, McComb, McNichols, and Slavik voting "Aye'; Guerrero and Martin absent. Mayor Rhodes announced the public hearing on the following zoning application: 29. ORDINANCE NO. 021446 Case No. 692-6. Eric E. Eisenhauer: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 2, Block 3, Castle Park Unit 1, located on the south side of Castle Park Drive, approximately 150 feet west of Waldron Road. Mayor Rhodes stated that both the Planning Commission and staff recommended approval of the application. Mayor Rhodes called for public comments on the zoning application and there were none. Council Member Moss made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Assistant City Secretary Koenning polled the Council for their vote and the foregoing ordinance passed: Minutes Regular Council Meeting July 28, 1992 Page 18 ORDINANCE Amending the Zoning Ordinance upon application by Eric E. Eisenhauer by granting a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 2, Block 3, Castle Park Unit 1. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McComb, Longoria, Galindo, Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Mayor Rhodes called for the City Manager's report. Mr. Garza requested Council Members to attend a meeting at the Chamber of Commerce in August regarding the Transportation Plan which had been presented to the Texas Department of Transportation. Mayor Rhodes called for Council concerns and reports. Council Member Martin requested all previous information on Agenda Items be placed in the current Agenda packets. Next, Mr. Martin requested information on the salaries involved in the City's recycling program. Responding to Mr. Martin's question regarding the McKinzie Road Project, Mr. Garza discussed the project and stated that information on this project would be provided. Council Member Slavik referred to the golf course proposal agenda item for August 25, and requested information on alternatives for the sale. Mrs. Slavik next referred to the TMRS information she received and offered the material to other Council Members. Responding to an inquiry from Council Member Moss regarding utility transfers, Mr. Garza discussed the City's procedure. Mr. Moss next inquired regarding the transformation of the old Fire Station into a maintenance facility, and Mr. Garza discussed the matter. Mr. Moss next referred to a letter received from Mr. Fred Jimanez regarding Mr. Sam Susser, and Mr. Garza stated that the letter had been referred to staff. Responding to an inquiry from Council Member McComb, Mr. Garza stated that TMRS information would be presented to the Council at the August 11 Regular Council meeting. Council Member Longoria referred to a letter regarding graffiti clean up in the City from Judge Jack Hunter, and Mayor Rhodes stated that she had written a response to Judge Hunter. Mayor Rhodes called for petitions from the audience. Mr. Frank Kolda, a resident in Corpus Christi, commented unfavorably on the proposed ordinance raising fees for security alarm users, and distributed material to the Council. Minutes Regular Council Meeting July 28, 1992 Page 19 Mrs. Marta Gutierrez, 2725 Tumbleweed, discussed the recent amendment to the Bayfest, Inc. lease agreement. Mr. Harold Hoppenrath, 338 Clifford, discussed alcohol consumption in the City regarding City festivals. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:40 p.m. on July 28, 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 28, 1992, which were approved by the City Council on August 11, 1992. WITNESSETH MY HAND AND SEAL, this the 20th day of August, 1992. Armando Chapa City Secretary SEAL