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HomeMy WebLinkAboutMinutes City Council - 07/26/1994I 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 26, 1994, which were approved by the City Council on August 9, 1994. WITNESSETH MY HAND AND SEAL, this 10th day of August, 1994. C/ Armando Chapa City Secretary SEAL M09f.ILMFA, MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 26, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss David Noyola City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. J.P. Patterson, Society of Friends, 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 19, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes recognized the employees retiring from the city in the months of June and July 1994 as follows: Ms. Jeanette Thompson, Health Department; Mr. Ronnie A. Smith and Mr. Michael E. Vargo, Water Department; Mr. Jenaro Perez, Street Department; and Mr. Alfonso Aguinaga, Park and Recreation Department. , Minutes Regular Council Meeting July 26, 1994 Page 2 Mayor Rhodes opened discussion on Item 2, adoption of guidelines and criteria under the Property Redevelopment and Tax Abatement Act. Mr. Mike Carrell, Chairman of the Board of Directors of the Corpus Christi Bay Area Economic Development Corporation (EDC), distributed a packet of information to the Council in which he stated that the EDC had been working to draw a major voice data transmission/telecommunications prospect to Corpus Christi. Mr. Carrell cited three main ways in which the company would benefit this city by locating here: the prospect is a leader in the telecommunications industry, and their action could induce other telecommunications companies to move to Corpus Christi as well; the EDC estimates that 1,000 new jobs would be created by the prospect company; (of those, 10 percent would be supervisory and 90 percent would be computer keyboard operators requiring keyboard and customer relations skills); the prospective move would also involve a $4 million construction project, as well as many other benefits. Mr. Carrell went on to say that the proposed guidelines before the Council would abate only the property taxes of approximately $25,000 per year for five years. Council Member Martin reiterated that while the city would be abating the property taxes, it would be gaining so much more by having the company move to Corpus Christi. He noted that he and Council Member Longoria sit on the EDC, and said that an important aspect of the proposal would be the involvement of the Corpus Christi and West Oso Independent School Districts and Del Mar College, as well as several other entities. Council Member Moss verified with Mr. Carrell that the tax abatement can be viewed as an investment the city is making that will more than pay for itself; in addition, he noted that the proposed policy changes regarding abatements would apply to any companies in the telecommunications industry, not just to the prospective company. Responding to Council Member Cooper, Mr. Carrell stated that the telecommunications company being discussed had not informed local EDC officials exactly how competitive their offer was. He said that the EDC would be asking Nueces County to approve the same tax abatement guidelines. Mr. Carrell also confirmed that telecommunications would be a new industry to the city, and Mrs. Cooper said that for that reason, a tax abatement would be justified as an incentive. In response to Council Member Longoria, Mr. Gary Bushell, President of the Corpus Christi Bay Area Economic Development Corporation, stated that incentive funds for job training would come from the state's Smart Jobs Program, which was enacted recently by the Texas Legislature. He added that the grant would be administered through the Del Mar College system. Council Member Best asked about the proposed tax abatements, and Mr. Carrell , Minutes Regular Council Meeting July 26, 1994 Page 3 reiterated that the guidelines would apply only to companies in the telecommunications industry. Council Member Noyola commended the EDC and school district officials for their efforts in luring the company to Corpus Christi and stated that he supported the proposal. City Manager Garza emphasized that current taxes on the land for the proposed site of the new company would not be abated; however, new improvement taxes would be abated. Council Member McNichols stated that it was important for the city to attract such high-tech industries such as telecommunications, which are clean, non -water intensive and people -oriented. Mr. Carrell said that while the abatement was $25,000 a year for five years, the company would generate $5.4 million in additional annual payroll and $140,000 a year in local sales taxes. Mayor Rhodes verified with Mr. Carrell that if the company did not produce at least 625 new jobs, the abatement would be withdrawn. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2. RESOLUTION NO. 021993 Resolution approving the adoption of guidelines and criteria under the Property Redevelopment and Tax Abatement Act Chapter 312 of the Texas Tax Code. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Items 3 and 4, discussion and second reading of the ordinance adopting the proposed FY 1994-95 budget. City Manager Garza referred to a memo highlighting the amendments suggested by the Council during the last two Council meetings. Council Member Martin asked what the amount of the Texas Municipal Retirement System rate increase would cost if funded all at once (as approved by the Council during the July 19, 1994 meeting), and Mr. Garza responded that the amount would be $381,193 for all of the city's funds, or $267,859 for the General Fund. Mr. Garza verified that the full TMRS funding would be at 11.01 percent, rather than 10.94 percent mentioned Minutes Regular Council Meeting July 26, 1994 Page 4 previously. Responding to Council Member Moss, Mr. Garza stated that the total amount budgeted for new library books, including an increase approved during the previous Council meeting, was $309,000. In response to Council Member McNichols, Mr. Garza explained why it was more advantageous to fully fund the TMRS rate increase, rather than phasing it in over a three- year period. Mr. Martin requested a break down of the salary and benefits of the new reference librarian, including insurance and TMRS rate. In reply to Dr. McNichols' question, Mr. Garza explained that the required reserves in the Wastewater Debt Service and Water Debt Service had been funded from the utilities' proceeds; this year the city proposed to fund the reserve requirement over a period of five years, which is advantageous because it avoids payment of interest. Mr. Garza also noted that the current tax rate is 61.8 cents per $100 valuation, and the proposed rate is 61.3 cents. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 021997 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 1994, and ending July 31, 1995; to be filed with the County Clerk; appropriating monies as provided in said Budget; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Items 5.a. and 5.b., FY 1994 Community Development Block Grant Program. Referring to the previous budget discussion, Dr. McNichols questioned the proposed half -cent tax rate cut, and Mr. Martin noted that the Council -directed amendments would be funded from other sources and not from funds generated by the tax rate. Mr. Moss stated that the valuations of approximately one-third of the properties Minutes Regular Council Meeting July 26, 1994 Page 5 in the city were increased, while roughly two-thirds of the property owners, whose valuations remained the same, would benefit from the half -cent tax rate decrease. Mayor Rhodes called for comments from the audience on Items 5.a. and 5.b., and there were none. City Secretary Chapa polled the Council for their votes as follows: 5.a. M94-201 Motion authorizing the City Manager to execute all documents necessary to accept and implement the FY 94 Community Development Block Grant Program. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 5.b. ORDINANCE NO. 021998 Ordinance appropriating $6,293,390 for FY 94 Community Development Block Grant Program projects approved by City Council on May 3, 1994. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Items 6.a., 6.b. and 6.c., FY 1994 Emergency Shelter Grant Program. Responding to Council Member Cooper, Mr. Michael Reuwsaat, Director of Community Development, stated that all of the agencies that applied for grants did receive funding, adding that this year's funding levels were similar to the levels of the last few years. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.a. M94-202 Motion authorizing the City Manager to execute all documents necessary to accept and implement the FY 94 Emergency Shelter Grant Program. Minutes Regular Council Meeting July 26, 1994 Page 6 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 6.b. ORDINANCE NO. 021999 Ordinance appropriating the FY 94 Emergency Shelter Grant of $149,000 from the U.S. Department of Housing and Urban Development. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 6.c. M94-203 Motion approving agreements with the following agencies: Corpus Christi Metro Ministries - $58,850; Dos Mundos Day Care School - $34,200; Women's Shelter of the Corpus Christi Area, Inc. - $18,500; Gulf Coast Council of La Raza - $30,000; and authorizing the City Manager to execute agreements with these organizations, upon clearance from U.S. Department of Housing and Urban Development. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Items 7.a. and 7.b., construction of water distribution facilities in the vicinity of Clarkwood Road and Leopard Street. City Manager Garza explained that a major fire at the Sam Kane meat processing plant a few years ago highlighted the need for increased water pressure in that area of the city. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7.a. M94-204 Motion authorizing the City Manager or his designee to enter into an agreement with Sam Kane Beef Processors, Inc. and Hoechst -Celanese Corp. relative to the dedication of easements and participation in the construction of Water Distribution facilities in the vicinity of Clarkwood Road and Leopard Street. Minutes Regular Council Meeting July 26, 1994 Page 7 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 7.b. M94-205 Motion awarding a contract in the amount of $150,144 to Asphalt Paving & Construction Company to construct a 24 -inch waterline on Clarkwood Road from Leopard to the Hoechst -Celanese facility on Clarkwood Road. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 8, Use Privilege Agreement with AT&T Communication Inc. for fiber optic cables. Responding to Council Member Moss, Mr. Carl Crull, Director of Engineering Services, stated that AT&T Communication was authorized a Use Privilege Agreement for a section of Highway 44 for a line that was installed approximately five years ago. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 022000 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with AT&T Communication, Inc. for the right to install and maintain one 4 inch diameter HDPE flexible duct for fiber optic communication cables within the following streets; and establishing a fee of $20,160: a. Blucher Street from the AT&T building to Carancahua Street; b. Carancahua Street from Blucher St. to Cooper's Alley; c. Cooper's Alley from Carancahua St. to Tancahua St.; d. Tancahua St. from Cooper's Alley to Kinney Street; e. Midtown Interchange from Kinney St. to Carrizo St.; f. Carrizo St. from Laredo St. to Agnes St.; g. Agnes St. from Carrizo St. to Tancahua St.; h. Tancahua St. from Agnes St. to Furman St.; Furman St. from Tancahua St. to S. Staples St.; j. S. Staples St. from Furman St. to Morgan Ave.; k. Morgan Ave. from S. Staples St. to Airport Road. Minutes Regular Council Meeting July 26, 1994 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes recessed the Regular Council Meeting for the meeting of the Corpus Christi Housing Finance Corporation. Mayor Rhodes reconvened the Regular Council Meeting. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 18, and Council Members requested that Items 11, 13, 14.a., 14.b. and 18 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M94-206 Motion approving the purchase of office furniture for the new Fire Department administrative offices in accordance with Bid Invitation No. BI -0255-94 with the following companies for the following amounts based on low bid, for a total expenditure of $30,951.01. Funds are budgeted in FY 93-94 by the Fire Department. Yochem's Business Interiors Texas Office Supply Corpus Christi, Texas Corpus Christi, Texas Workstations Desk, File Cabinets, Chairs, Bookcases $10,918.19 $20,032.82 Grand Total - $30,951.01 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 12. M94-208 Motion awarding a contract in the amount of $55,014 to Harrop Construction Company for dryer and dust collectors improvements at the O.N. Stevens Water Plant. Minutes Regular Council Meeting July 26, 1994 Page 9 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15.a. M94-211 Motion approving the reimbursement application submitted by Shell Development Joint Venture, developer of Barclay Grove Unit I, for the installation of 1,268 linear feet of a 12 -inch PVC water grid main and 628 linear feet of off-site 12 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15.b. ORDINANCE NO. 022002 Ordinance appropriating $34,616.04 from the Water Arterial Transmission and Grid Main Trust Fund and $45,929.67 from the Wastewater Collection Line Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15.c. M94-212 Motion authorizing the City Manager to execute a Participation Agreement with Shell Development Joint Venture, for improvement to Lipes Boulevard of which the City's share of costs is $77,471.50. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 16. ORDINANCE NO. 022003 Authorizing execution of an assignment of a concession agreement from Lakeside Surrey, Inc. dba Shoreline Surreys of Texas, to Karim and Wedad Hamid. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 17. ORDINANCE NO. 022004 Amending the Code of Ordinances, Chapter 9, Aviation, Article II, Municipal Airports, Section 9-26, Setting the duties of Airport Public Safety Officers; Minutes Regular Council Meeting July 26, 1994 Page 10 amending Section 9-32, Trespass upon Runways, Ramps, Taxiways, etc.; providing severance; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 11, chemical storage silo tanks. Council Member McNichols asked if the proposed repairs included correcting a problem with the chlorine off-loading facility, and Mr. Crull stated that they did. Responding to Council Member Longoria regarding the required five percent minority business enterprise participation, Mr. Crull responded that each project is examined individually to determine what aspects of the project can be subcontracted out without damaging a general contractors ability to perform the job. He gave a brief explanation of how the staff monitors the contractors' adherence to the minority business requirement. Also in response to Mrs. Longoria, who asked about Harrop Construction Company, Mr. Crull stated that initially that company, which is based in Houston, had a small office in Corpus Christi; as the number of contracts they have been awarded has grown, they have increased their local office staff. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 11. M94-207 Motion awarding a contract in the amount of $196,640 to Duncan -Russo, Inc. for the repairs/rehabilitation of the chemical storage silo tanks located on top of the chemical building at the O.N. Stevens Water Plant. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 13, storm water monitoring stations. Responding to Dr. McNichols regarding the sites of the storm water monitoring Minutes Regular Council Meeting July 26, 1994 Page 11 stations, Mr. Crull stated that the Texas Natural Resource Conservation Commission and the Environmental Protection Agency specified where the stations would be located. Mr. Crull said, in response to Mr. Martin, that the Public Health and Safety Bond Fund included landfill closure funds, and funds from the closure of the old police and fire station buildings. Mayor Rhodes called for comments from the audience, and there were none. Referring to a previous comment by Dr. McNichols, Mr. Garza noted that $13,000 was recovered on a claim after one of the storm water monitoring stations was damaged by a reckless driver. City Secretary Chapa polled the Council for their votes as follows: 13. M94-209 Motion awarding a contract in the amount of $135,714.40 to Garrett Construction Company to install four storm water monitoring stations. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Items 14.a. and 14.b., water capital improvements. Mr. Garza stated that the amount of the contract should be $140,100, rather than $140,000 as originally presented. Mayor Rhodes made a motion to amend the motion to $140,100, seconded by Dr. McNichols and passed unanimously. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14.a. M94-210 Motion awarding a contract in the amount of $140,100 to Bracco Construction Company to repair and install slope protection at the Nueces River Pump Stations at the O.N. Stevens Water Treatment Plant. The foregoing motion passed as amended by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting July 26, 1994 Page 12 14.b. ORDINANCE NO. 022001 Ordinance appropriating $170,600 from interest revenue earned during FY 1993-94 in the Water Capital Improvements Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 18, second reading of an ordinance regarding classification schedules. Responding to Mr. Noyola, Mr. Garza discussed some of the clarifications that were made in the classification schedules, specifically, the cashing in of sick leave. Mr. Garza explained that the Compensation and Classification Plan is divided into Plan I, under which every new employee is hired; and Plan II, which was in effect before Plan I was adopted on August 1, 1988. He went on to say that the Plan I employee who has used no more than 32 hours of sick leave during the previous calendar year and who has at least 240 hours of accrued sick leave, may cash in --at 50 percent of the hourly rate of pay --up to 32 hours of sick leave. However, he said, if the Plan I employee retires from the city, he can only cash in a maximum of 45 days, if he has accumulated that much. A Plan II employee can cash in up to 90 days of sick leave at retirement, if they have earned it. Mr. Garza added that one of the major differences between Plan I and Plan II is that under Plan I, employees are eligible to receive disability income (according to the guidelines), and there is a cap on the amount of vacation leave and sick leave an employee is allowed to accumulate. Referring to a letter Council Member Moss had sent to the other Council Members regarding the proposed ordinance, Mr. Martin questioned the reason for adopting the ordinance at that time since the proposed three percent pay increase for non-union employees would not go into effect until December 12, 1994. Mr. Garza gave several reasons why he felt the ordinance should be adopted during the day's meeting: 1) several years ago the city had a strongly merit -based evaluation system under which only about 20 percent of the workforce received a pay raise, leaving many employees dissatisfied; 2) it has been some time since the employees had received a permanent increase in their pay; and 3) there has been an increasingly strong effort among the employees to organize the labor force. Mr. Moss asked if the merit evaluation system could be reinstituted, and Mr. Garza responded that a merit system is very complicated and should be carefully studied before a decision is made to change the present system. A discussion ensued regarding the advantages and disadvantages of the merit system, and Mr. Garza stated that he would Minutes Regular Council Meeting July 26, 1994 Page 13 bring the issue back to the Council for further discussion. Mr. Moss made a motion to table Item 18, seconded by Mr. Noyola. Mayor Rhodes voiced her opposition to the motion to table, saying that such a move would affect employee morale. The motion failed. Mr. Galindo requested more information on the evaluation system. Mr. Garza raised several issues relating to the complexity of adopting any kind of evaluation system. Mr. Martin stated that the three -percent pay increase should be adopted, and any discussion of changing the evaluation system should apply to future budgets, not to the budget which was approved during the day's meeting. He also discussed the issue of maintaining the minimum levels of the different employee pay ranges. Mr. Noyola stated that he favored the employees receiving an across-the-board three percent pay increase, but opposed the section of the ordinance regarding cashing in of sick leave, and Mr. Garza emphasized that city employees would receive exactly the same benefits as they have now --the only difference is a clarification of the language. Mrs. Cooper stated that she favored a merit -based evaluation system, but she expressed concern about implementing it at this time. Mrs. Longoria said that she supported the three -percent increase for employees, effective in December, and would also like more information about the merit system. Mayor Rhodes called for comments from the audience. Mr. Joe Barrera, president of the Police Officers Association, questioned the changes in language of the previous compensation plan regarding cashing in of sick leave; after a short discussion, Mr. Garza and Mr. Bray responded that the eligibility requirements or amount of sick leave which may be cashed in had not changed. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 022005 Amending Ordinance 3658, as amended, Subsections 251 through 257 revising Classification Schedules; amending Ordinance 8127, Section 510, to provide for, consistent with the pay adjustments required by the Police Collective Bargaining Agreement for non -managerial personnel, a 3% range adjustment to Police managerial salary ranges effective August 8, 1994, and 2% range adjustment effective January 23, 1995; amending Ordinance 8127, Section 501, to provide for an approximate 3% general increase and range adjustment for Salary Schedules A and B and Grade 8, effective December 12, 1994; amending Ordinance 8127, Minutes Regular Council Meeting July 26, 1994 Page 14 Section 510, to provide for an approximate 3% range adjustment to non -Police and Fire managerial classifications effective December 12, 1994; amending Ordinance 3658, Section 103, to exempt temporary employees from the Classified Service; amending Ordinance 8127, Section 650, to define temporary employee as at will; amending Ordinance 8127, Section 850, to clarify language; amending Ordinance 8127, Subsections 951.13 and 952.14, to clarify language on the cash -in of sick leave; amending Ordinance 8127, Subsection 951.14, to provide the option for Plan I employees who are age 65 or older at time of hire or who have reached the age of 65 while participating in Plan I to decline or discontinue participation in the Disability Income Protection Plan; amending Ordinance 8127, Subsection 955.21 to clarify language. The copy of the ordinance is on file in the Office of the City Secretary. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." Mayor Rhodes announced the closed session, pursuant to Texas Government Code, Section 551.071, regarding City of Corpus Christi v. W.T. Young Construction Co., et al, Cause No. 92-3102-D, 105th Judicial District Court, Nueces County, Texas, with possible action in open session approving settlement thereof. The Council went into closed session. The Council returned from closed session. Regarding Item 19, Mayor Rhodes made a motion as follows: that the City Manager be authorized to execute documents settling City of Corpus Christi v. W.T. Young Construction Col, et al, No. 92-3102-D, 105th District Court, Nueces County, Texas, in accordance with the settlement negotiated by staff, whereby W.T. Young will perform additional work placing filter cloth and rock in specified areas and provide a one- year warranty thereon, the City will pay $289,600 upon completion thereof out of funds withheld by City on the original project, other claims are released, and other incidental provisions are included as negotiated. The motion was seconded by Council Member Martin. Mr. Martin confirmed with Mr. Garza that the proposed solution was acceptable to the city's outside design marine engineer, and that the dispute was resolved totally within the original funding, with no additional expense to the city. Minutes Regular Council Meeting July 26, 1994 Page 15 City Secretary Chapa polled the Council for their votes on the motion, and it passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." (M94-213) Mayor Rhodes called for the City Manager's report. Mr. Garza outlined items to be considered during the August 9, 1994 meeting: first reading of the ordinance adopting the tax rate for 1994; discussion of the old County Courthouse; the James Caplin zoning case (No. 694-5); and consideration of the proposed Bay Area Business Alliance. Mayor Rhodes called for Council concerns and reports. Council Member Best urged the Council and residents to listen to KTSA radio in San Antonio regarding their water shortage. He commended the Council for their farsightedness in trying to find future water supplies for the Corpus Christi area. He noted that one of the main goals emerging from Vision 2000 is an adequate water supply for this area. Council Member Cooper asked if the traffic lanes on Everhart Road from Wooldridge to Saratoga still under construction could be widened, and Mr. Garza responded that the construction should be completed soon. She added that Puerto Rico is also experiencing a severe water shortage. She also encouraged citizens to participate in the Vision 2000 process as neighborhood meetings are held throughout the city. Council Member Martin requested a weekly status report of the water levels in Lake Corpus Christi with an explanation of the related conditions. Council Member Galindo asked if the Council needed to take a position on how NAFTA would affect local highways, and Mayor Rhodes said that a discussion on the issue would be forthcoming. Council Member McNichols noted that the problem of the brown tide in the Laguna Madre is worsening, and several state and federal agencies will be meeting soon to try to find a solution. He said that after the meetings are held and a report is brought back to the Council, the Council could consider approaching the Environmental Protection Agency for funds with which to fight the brown tide problem. Council Member Longoria stated that the citizens who live in the area around Mayfield Drive spoke favorably about the employees of Garrett Construction Company and the city staff, particularly Wende Holbert, Construction Inspector 11 in the Engineering Department. Mrs. Longoria also noted that there is a problem of high weeds at the entrance to a subdivision behind the Sam Kane plant. Minutes Regular Council Meeting July 26, 1994 Page 16 Council Member Moss requested an update of the industrial district contracts situation. Mayor Rhodes stated that she would be attending a hearing in Washington, D.C., next week regarding two bills the city has introduced on the Choke Canyon debt. Mayor Rhodes called for petitions from the audience. Mr. John Tanguma, 4201 River Hill, president of the Corpus Christi Firefighters Association Local 936, highlighted repairs which the firefighters do to reduce costs. He also emphasized the need for more firefighters, fire stations and ambulances, and for higher wages. Responding to a question from Mayor Rhodes regarding the status of the negotiations with firefighters, Mr. Garza stated that the negotiations had reached an impasse, and the next step would be fact-finding, which should begin in September. Mayor Rhodes emphasized that despite impressions to the contrary, the Council is not just sitting on the issue; rather, the Council is waiting for information from the fact finders before it can proceed. Mr. Martin verified with Mr. Bray that the firefighters made a formal request to invoke the fact-finding provisions of their contract, which means the city has to go to fact finding as well. Mr. Leon Perez, 904 Buford, commented about the hiring of two new neighborhood inspectors, and the new telecommunciations company that is considering moving to Corpus Christi. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:15 p.m. on July 26, 1994.