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HomeMy WebLinkAboutMinutes City Council - 06/20/1995I 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 ofJune 20, 1995, which were approved by the City Council on June 27, 1995. WITNESSETH MY HAND AND SEAL, this 27th day ofJune, 1995. ando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 20, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Jean Longoria Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels John Longoria Edward Martin Dr. David McNichols 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, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John 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 June 13, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Airport Advisory Board Human Relations Commission Wilson Stewart Gary Goltzman Bill White Senior Community Services Advisory Committee Gloria Farias Minutes Regular Council Meeting June 20, 1995 Page 2 Workforce Development Corporation Alex Garcia Jr. (Reappointed) Anita Hinojosa (Reappointed) Edwin "Trey" McCampbell (Reappointed) Linda Strong (Reappointed) Debra Bruce Nancy Ackermann Cole Ken Griffin Govind Nadkarni Carole Harding Frank Delaney * * * * * * * * * * * * * Mayor Rhodes recessed the regular Council meeting for the meeting of the Workforce Development Executive Committee. The Mayor reconvened the regular Council meeting. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, sale of utilities revenue bonds. City Manager Garza stated that a bid opening was held on the bonds to be sold, and the rates were not as competitive as the city's refunding bonds sold last week, but they were still good rates. Ms. Rosie Vela, Director of Finance, read the bids submitted by four different companies, with First Southwest having the lowest effective interest rate of 5.667457%. She also indicated that the "A" rated 20 -year bond had an interest rate of 6.04% and the insured 20 -year revenue bond had an interest rate of 5.85%. Responding to Council Member Martin, Mr. Garza said the cost of the bond insurance is $53,800. Mr. Mark Seal with M.E. Allison & Co. Inc. explained that the insurance is selected by the bidders, and all four companies submitted bids with insurance. In reply to another question from Mr. Martin, Mr. Garza said the basis points are computed on the total payment of the principal plus the interest amount. A brief discussion ensued. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, stated that the debt service in the proposed budget has risen to $18.6 million. He asked why there was such a drastic increase in the debt service. Mr. Garza pointed out that the city has had bond sales which have increased the debt service (payments on the Minutes Regular Council Meeting June 20, 1995 Page 3 bonds are included in the budget). He added that staff annually verifies the city's cash flow projections through the bond rating authorities, assuring them that the city can service the debt correctly. Council Member Best noted that the increased debt represents progress that the voters themselves approved. Mayor Rhodes emphasized that the capital improvement projects being financed by the bonds are not "luxury" items but are critically needed by the city. She added that following a recent Conference of Mayors, she realized that there are many U.S. cities which have not adequately planned for their future. Mr. Martin directed staff to prepare a short memo about the increase in the debt service from two years ago. Council Member Heldenfels pointed out that the projects constitute an addition to or improvement of the city's infrastructure. City Secretary Chapa pointed out that in the agenda, Item 2 reads that these are Series 1994 bonds, when they are actually Series 1995. Mayor Rhodes made a motion, seconded by Mr. Heldenfels, to amend the agenda caption to read "Series 1995"; the motion passed unanimously. Mr. Chapa then polled the Council for their votes as follows: 2. ORDINANCE NO. 022252 Ordinance authorizing the issuance and sale of $14,730,000 in City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1995. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, Southeast Area Development Plan. Mr. Tom Utter, Group Manager for Development Services, described the area encompassed by the Southeast Area Development Plan. He said the Planning Commission and other city boards have reviewed the plan and are in agreement. The only area that is still somewhat unsettled is a small area around Spohn Hospital. Mr. Utter added that part of the plan involves prohibiting any commercial rezoning in areas that are currently zoned residential, multi -family and professional office. Council Member Martin asked if the item was a public hearing, and City Secretary Chapa said it was published in the local newspaper as a public hearing. Mr. Garza said it was posted as a regular Minutes Regular Council Meeting June 20, 1995 Page 4 item on the agenda. City Attorney Bray stated that the plan does require a public hearing, but the City Charter does not specify the type of publication or time of notice; however, the item should have been posted as a public hearing. Mayor Rhodes announced that the item would be postponed for one week. 3. POSTPONED �.1NrcheuSwe Platt, and ebtablishing t1.e City Of CO pus, anhe Southeast Arca. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, revenue bonds issued by Denton County Health Facilities Development Corporation. Group Manager Utter explained that the item concerns the acquisition of the Parkside Lodge Rehabilitation Center at 5517 Alameda, which was constructed in 1984. Lutheran Social Services of the South Inc. (LSSS) is in the process of acquiring that center and two others in Katy and Denton, Texas. The Corpus Christi facility will house adolescents who are the legal responsibility of the Texas Department of Protective and Regulatory Services due to abuse or neglect. Mr. Utter emphasized that the clients would not be products of the juvenile justice system. He added that on June 19, 1995 LSSS held a town meeting at the Alameda facility to discuss the project with the surrounding neighbors, noting that this was a treatment facility and not a detention center. This item came before the City Council because LSSS proposes to issue bonds through the Denton County Health Facilities Development Corporation, and approval of the local governing bodies is needed. Responding to Council Member McNichols, Mr. Utter said LSSS would own the facility as well as the property on which it is located. He said that LSSS is a non-profit charitable organization, and depending upon a decision by the Nueces County Tax Appraisal District, the facility could be tax- exempt. Mr. Utter said the facility was originally tax-exempt, and he thought it went back on the tax rolls after the previous owner declared bankruptcy. Dr. McNichols questioned if the facility met a need in the community. Mr. Utter replied that during the recent public hearing for the Community Development Block Grant (CDBG) program, several organizations emphasized that there was a lack of such treatment centers in this area and the need was great. He added that this allowed the community to have access to such a facility without using CDBG funds. Mayor Rhodes pointed out that the need has been increasing every year. Dr. Minutes Regular Council Meeting June 20, 1995 Page 5 McNichols expressed concern about the need for local ownership and operation of the facility. Mr. John Orr, an attorney with Fulbright & Jaworski representing Lutheran Social Services of the South, said the passage of the proposed resolution has no bearing on whether the property is tax-exempt. He said there is a great need for a facility of this type. He added that LSSS is owned and operated by Lutheran Churches in Texas and Louisiana. Ms. Martha Wynn, Executive Director of Children's Residential Services at LSSS, noted that the organization has a Corpus Christi office that performs other social services ministries, and the proposed facility would be providing a continuum of care for children in this region. She said their Canyon Lake facility last year received over 230 referrals but were only able to accept 30 of those children. She added that locating a treatment center here would allow the children to stay near their support network. Responding to Council Member Heldenfels, Ms. Wynn said the Corpus Christi facility would also serve children from the Rio Grande Valley, although the referrals from Corpus Christi would probably keep the facility filled to capacity. No one from the audience opposed the proposed resolution. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 022253 Resolution concerning the use of the proceeds of revenue bonds issued by the Denton County Health Facilities Corporation to refinance certain outstanding obligations, to reimburse certain costs, and to finance certain costs relating to a health facility located within the boundaries of the City of Corpus Christi, Texas. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 5 and 6, a public hearing on the proposed annexation of Phase I of the 1995 annexation programs, and a motion regarding the scheduling of the other three phases of annexation hearings. Group Manager Utter said the Planning Commission unanimously endorsed the proposed annexation of Phase I. He used slides to illustrate and discuss the six tracts contained in Phase I: 4,293 acres identified as Tracts A3, A4, B1, B2, DI and D3, including properties located in Wood River, Country Creek, Botanical Garden and Cimarron Crossings Subdivisions, Nueces Bay, and an adult book store north of Interstate Highway 37. Minutes Regular Council Meeting June 20, 1995 Page 6 Regarding Tract B 1, Mr. Utter said this area contains over 2,500 acres of water within Nueces Bay and includes 10 oil wells, five of which are currently productive. He said if approved, the annexation of this tract would nearly complete the city's long-term annexation of the bay area, which is probably one of the most environmentally sensitive areas. Tract B2 is located within an industrial district, although the use is as an adult book store, and staff strongly recommends annexation. Tract D1 consists of Country Creek Units 1, 2 and 3, the Botanical Gardens and King Estates, also recommended for annexation. Council Member Heldenfels commented that San Patricio County Judge Josephine Miller had said that the annexation of Tract B1 (Nueces Bay) was not necessary if the intent was to extend Corpus Christi extraterritorial jurisdiction (ETJ) to control growth. Mr. Utter replied that Corpus Christi currently has 170 square miles of ETJ in San Patricio County, and the annexation of Tract B 1 would only result in an additional 4 square miles of ETJ. He said that Judge Miller was present at the Planning Commission meeting when this issue was discussed, and she had raised concerns about the city's use of the annexed area. Staff explained that it was to allow the city to enforce its controls on oil exploration and complete the annexation of the water area there. Council Member Martin asked about services that would be provided to Tract B2 once it is annexed. Mr. Utter said the business there currently has access to water service and the city would provide police and fire services. He pointed out that if a property located in the industrial district is no longer being used or being held for industrial purposes, the city can annex it. Council Member McNichols asked if the city's liability in the case of a possible oil spill was increased by annexing the back bay. Mr. Utter stated that it was not, and he noted that there have been occasional spills in the city's waterways, and certain agencies move immediately against the entity that caused the spill. He added that the city's Petroleum Inspection Department enhances the work of the Texas Natural Resource Conservation Commission and the Texas Railroad Commission. Once it is annexed, this property will be located within the city limits but will continue to be owned by the state of Texas. Mr. Gene Graham, the developer of the Country Creek Subdivision, asked how soon sewer service would be available once that area is annexed. Mr. Utter replied that once an area is annexed, it is treated the same as an area that is already within the city limits; regarding a subdivision, the developer would pay for the sewer system. He noted that that subdivision was built specifically without sewers, and staff would work with him on this issue. Council Member Betty Jean Longoria asked about how ordinances regarding livestock or other animals are applied to citizens whose property is annexed. Mr. Utter noted that the city and the county have very similar ordinances regarding health as it relates to livestock, and the city tries to work with property owners. If the Health Department determined a health hazard was present, the city would take action; if no hazard existed, the city would not act on it. Minutes Regular Council Meeting June 20, 1995 Page 7 Mr. Pat O'Connell, a resident of Country Creek, said the primary reasons he moved into that subdivision was not to avoid paying taxes but for the advantage of a smaller school district and larger property area. He noted that every resident paid for his or her own house's sewer system. And once that area is annexed, the tax liability would be approximately $150 to $200 per month per house. He added that the residents knew they would eventually be annexed, but they did not expect it so soon. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Dr. McNichols said there are areas already within the city limits that do not have certain infrastructure such as sidewalks, curbs and gutters and sewer service. The only way that can be accomplished is for the developers, individuals and the city to join forces to do so. Mr. Utter said the action during the day's meeting was to approve the schedule for the next three phases of the annexation program and the revised geographic grouping of the tracts. Mr. Martin expressed concern about the complexity of some of the areas being proposed for annexation, and he questioned if there would be sufficient time to approve the program before December 31, 1995. Mr. Utter said staff could review the program and determine in the next few weeks if there were some tracts that needed to be postponed. Mr. Martin suggested that neighborhood meetings be held on certain annexation proposals in the northwest and in Flour Bluff. Responding to Mr. Heldenfels, Mr. Utter said that the city of Port Aransas over the last few years has gradually received sections of extraterritorial jurisdiction from Corpus Christi. The question will arise if certain areas will be annexed by Port Aransas or by Corpus Christi. In reply to Dr. Best, Mr. Utter said Nueces County receives about $500,000 in hotel/motel taxes from beach properties, as well as a significant amount in beach parking permits. He said it is hoped that an intergovernmental cooperation agreement with the county could be reached for the county to continue cleaning the beaches. Mayor Rhodes announced that the Council would be voting on the authorization of the scheduling of the other annexation phases. She called for comments from the audience. Mrs. Ann Middour, 1527 Lea Lane, said she owned property near Oso Creek, and expressed concerns about flooding and erosion there. Mayor Rhodes pointed out that the Council was merely setting the schedule for the annexation phases, and public hearings would be held on each. Mr. Bennie Gallagher, who lives south of Clarkwood on Oso Creek, asked about living on a flood plain. Mr. Utter replied that in a flood way no construction is allowed; a flood zone is an area designated by the Federal Emergency Management Association (FEMA), and there are certain building restrictions. Mr. Gallagher asked other questions regarding the annexation of that area, and the Mayor reiterated that the Council was just setting the schedule. Minutes Regular Council Meeting June 20, 1995 Page 8 Ms. Mary Beth Nelson, 2721 Erie Drive, said the residents of Greenfields on the Bay had problems with hunters in that area. City Secretary Chapa polled the Council for their votes as follows: M95-153 Motion authorizing the scheduling of three phases of annexation hearings and grouping candidate tracts by geographical proximity to each other. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 7 and 8, a presentation and discussion of the proposed budget for Fiscal Year beginning August 1, 1995, and a motion scheduling a public hearing on the proposed budget. In his presentation, City Manager Garza noted that the proposed FY 95-96 budget focuses on public safety, special populations (the elderly and young people), and solid waste services (including unfunded federal mandates). The proposed budget continues to emphasize fiscal responsibility, while challenging the city's resources with an increasing need for services and more unfunded mandates. Some of the issues to be considered are the debt service fund; the proposed one - cent overall tax increase; the proposed drainage utility; and a possible bond issue. Regarding the landfill, Mr. Garza said the proposed budget does not set aside monies for the acquisition and permitting of the new landfill, and it may be funded through "tipping fees," which currently are $22.06 a ton and proposed to increase to $25.25 a ton. Council Member McNichols commented about the increasing number of non -city residents who are utilizing the city's landfill. Mr. Garza said the smaller cities in the region were aware of that and realize they cannot afford to build their own landfills, resulting in the "regionalization" of the current and new landfills. Council Member Betty Jean Longoria asked if citizens could still use their utility bills to dispose of waste at the landfill, and Mr. Garza said they could. He pointed out that some commercial haulers try to use different citizens' utility bills to avoid paying the commercial costs. Minutes Regular Council Meeting June 20, 1995 Page 9 Council Member Heldenfels asked how people who live near him in other condominiums would be able to utilize the landfill since they do not receive utility bills. He said he and the other residents pay a maintenance fee for certain services. Mr. Garza acknowledged that that was an unusual situation and he would look into it. A brief discussion ensued. Mr. Garza said when the city moves forward to acquire the new landfill, staff will bring a financing plan to the Council for their consideration. Mr. Garza said there is money in the proposed budget to pay for the monthly payments on the option contract with the Garwood Irrigation Company, as well as the Lavaca-Navidad River Authority payments. He said there are no increases in the General Fund proposed budget, other than the property tax increase which he recommended and the increase in the solid waste fees. Mr. Garza used charts to illustrate the following issues: analysis of the General Obligation debt per capita; comparison of the General Fund major revenues for FY 94-95 ($103,336,103) and proposed FY 95-96 ($108,047,939); 10 -year analysis of the net taxable assessed value; comparison of the ad valorem tax rate of nine Texas cities; analysis of revenues of ad valorem taxes; 10 -year comparison of the city's portion of the total property tax rates for all major taxing entities (CCISD, City, County, Del Mar, Port and Hospital); 1995 proposed property tax rates for taxpayers in CCISD; total sales tax revenue; comparison of nine cities' sales tax revenue per capita; analysis of franchise revenues; comparison of General Fund expenditures for FY 94-95 ($105,795,752) and proposed FY 95-96 ($110,124,000); analysis of nine cities' monthly residential solid waste, water and wastewater bills, and six cities' monthly residential gas bills; and an analysis of eight cities' residential annual costs. As he had pointed out during a previous meeting, Mr. Garza said during the last three years, the city's budget has increased by $11.5 million for solid waste, police and fire, but the overall budget has only increased by $8 million, which indicates that the other General Fund departments have decreased their expenses. Responding to Council Member Best, Mr. Garza said that when the $50,000 tax exemption was granted to persons over age 65, that converted into an approximately $3 million decrease in property tax revenues. He listed other exemptions: homestead, over age 65; disabled persons; disabled veterans; productivity loss; and tax abatements. In the Police Department, Mr. Garza said the proposed budget includes the city's match of 25% for the COPS AHEAD program of about $108,000 for 10 additional police officers; $525,000 for 20 marked and 13 unmarked replacement vehicles; addition of four civilian fingerprint technicians and one vehicle pound supervisor; and provision of a pay increase for police personnel as contract negotiations prepare to begin. In the Fire Department preliminary budget, Mr. Garza said proposals include the purchase of a pumper truck for $200,000; six-month payment of a lease purchase of a ladder truck; 3.47% pay Minutes Regular Council Meeting June 20, 1995 Page 10 increase as required by the contract; and Fire Academy cost for 25 firefighter trainees (10 to replace retiring firefighters and 15 for the new Southside Fire Station). Mr. Garza noted there is an increase in the proposed Solid Waste Services budget from about $12.2 million to about $15.6 million. Some of that cost is incurred by the required expanded landfill liner of about $2.6 million a year. Council Member Martin raised questions about the requirement of the new landfill liner. Mr. Garza explained that the city built the first liner under temporary regulations, and the final regulations are more stringent. Mr. Martin said staff should hire a consultant to file an appeal and try to convince state and federal officials that the current liner, combined with this area's soil composition, is adequate. Mr. Garza also mentioned the increase of certain costs and acquisition of new equipment. In the Park and Recreation Department, Mr. Garza said the proposed budget includes the city's cost of the first full year of the natatorium and gymnasium of $239,000, which is offset by revenues of about $120,000; the expansion of the Summer Latchkey Program to eight school sites; and the addition of needed mowing equipment. Mr. Heldenfels asked about privatizing the city's mowing services, and a brief discussion ensued. Budget proposals in the City Attorney Department include the addition of an attorney to process legal documents on capital improvement projects. Dr. Best asked about legal counsel for the Police Department. City Attorney Bray replied that the Legal Department is currently doing that work on a relatively part-time basis. He pointed out that there is a huge amount of engineering contracts that need to be addressed by an attorney contractually. Mr. Heldenfels asked about privatizing some of the city's legal services, specifically for the capital improvement program; Mr. Garza replied that some legal services are currently privatized. In the City Secretary's Office, a city election is not scheduled, so that budget is being reduced by about $143,000. Mr. Martin pointed out that a contingency item might need to be established in the event a referendum is held on the water issue during FY 95-96. Mr. Garza said in the Community Development Department, the City Council had previously approved $167,000 in Community Development Block Grant (CDBG) funds for demolition of abandoned structures. He suggested that the General Fund budget be increased to $185,000 for a total of $352,000 for demolition. Mr. Martin said he felt demolition was the highest priority for that department and the increased amount should come from the CDBG funds. Unmet needs in the Community Development Department include three compact cars for use by inspectors. Mr. Martin commented that the lack of adequate vehicles is costly due to a decrease in employee productivity. In the Engineering Department, Mr. Garza said he is proposing that new positions be established to provide support for the five-year Capital Improvement Program (CIP). He said staff has also considered contracting an engineering firm to perform those tasks, but he pointed out that Minutes Regular Council Meeting June 20, 1995 Page 11 the city's engineering staff could be reduced once the CIP has been completed. Mr. Heldenfels asked for information regarding aspects of the Mercer Report that have not been implemented. Responding to Council Member John Longoria, Mr. Garza stated that five proposed engineering positions would be reimbursed by bond funds. Mr. Martin asked about the possibility of hiring a construction management company, rather than adding the five new engineering positions. Mr. Garza he would share the staff's analysis of this subject with the Council. Mr. Longoria said his concern regarded the need to expedite the CIP projects. Mr. Garza said the proposed budget in the Finance Department includes the addition of three employees to the Utility Business Office --two customer service representatives and a systems coordinator. In addition, a recommendation to award a contract for a new utility system is expected to go to the City Council this year. In the Health Department, he said the budget contained many unmet needs, and there was concem about the need for additional animal control personnel. He said the Libraries Department preliminary budget included a new roof for the Greenwood Branch Library. In the Municipal Court Department, Mr. Garza said if the administrative procedures can become more efficient, it will increase the effectiveness of the city's law enforcement efforts. Mr. Martin commented that the proper resources should be in place before the Municipal Court system is converted to a new system. Regarding the Street Department, Mr. Garza said he is proposing replacing a motorgrader and three pick-ups. The City Manager said Mr. Ogilvie Gericke, Director of Street Services, would like $700,000 added to the budget for street overlays, to supplement the sealcoat program. Mr. Heldenfels expressed concern about performing street overlays. Dr. McNichols pointed out that data is available regarding the city's cost for street programs Mr. Longoria asked about the proposal to contribute $15,000 to the Center for Hispanic Arts. Mr. Garza replied that that center was built some time ago using CDBG funds and staff was proposing assisting the center in its financial endeavors. He noted that the Art Museum of South Texas was another example of the city assisting a cultural entity that in turn benefitted the city. Mr. Longoria expressed concern about setting a precedent by assisting non-profit agencies, and he noted that there are many other agencies which would benefit from city assistance. A discussion ensued among Council members regarding whether or not such contributions should be made, and the issue of improving the community's quality of life. Mr. Garza noted that the Council is scheduled to hold a budget workshop during the June 27, 1995 Council meeting. Mr. Martin asked Mr. Garza to list the decisions the Council needs to make regarding the proposed budget. rs+e:*a+*ss+■ Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. Minutes Regular Council Meeting June 20, 1995 Page 12 * * * * * * * * * * * * * Mayor Rhodes reconvened the regular Council meeting, and she called for a voice vote on the motion under Item 8, and it passed as follows: 8. M95-154 Motion scheduling a public hearing on the proposed budget for the fiscal year beginning August 1, 1995 to be held in the Council Chambers on July 11, 1995 during the regular Council meeting. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 12, and Council Members requested that no items be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M95-155 Motion approving purchase of fourteen (14) radios with accessories in accordance with Bid Invitation No. BI -0256-95 from Ericsson Inc., Portland, Texas in the amount of $22,708 based on only bid. The radios will be used by Wastewater Services, Fire Department, Risk Management, Park & Recreation, and Marina and are included in the FY 1994-95 budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 11.a. ORDINANCE NO. 022254 Approving a rate of $8.90 for the basic cable service tier to be charged to customers by TCI Cablevision of Texas, Inc.; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 11.b. ORDINANCE NO. 022255 Regarding regulation of rates charged for cable television equipment and installation; and Minutes Regular Council Meeting June 20, 1995 Page 13 approving certain rates to be charged to customers by TCI Cablevision of Texas, Inc.; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12.a. M95-156 Motion to amend, prior to second reading, the Bob Marley Festival three-year lease agreement to add the Corpus Christi Food Bank as a co-sponsor and to show that the Food Bank gets two-thirds (2A) of the profits from the Bob Marley Festival during the term of the lease with the City. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12.b. ORDINANCE NO. 022256 Authorizing the City Manager to execute a three-year lease agreement with Samuel Roggers and Associates for the purpose of holding a festival and related activities in connection with the Bob Marley Festival to include non-exclusive use of sidewalks and medians on Shoreline Boulevard between Resaca and Palo Alto Streets from August 30 through September 5, 1995; August 28 through September 3, 1996; August 29 through September 2, 1997 and exclusive use September 2, 1995 at 6 a.m. to 9 a.m. September 4, 1995; August 31 at 6 a.m. to 9 a.m. September 2, 1996; and, August 30 at 6 a.m. to 9 a.m. September 1, 1997 in consideration of a $200 permit fee and 4% of their gross receipts or direct City costs whichever is greater; and providing for publication. The foregoing ordinance passed on second reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza stated that staff received the report from both of the bond rating agencies: Moody's Investors upheld the city's "A" rating, and Standard and Poor's commented that it would like to see a resolution regarding the city's future water sources as well as the establishment of the drainage utility. In her report, Mayor Rhodes said that during the recent Conference of Mayors, a national presidential candidate discussed the issue of unfunded federal mandates, adding that cities should be able to seek retroactive relief for mandates already imposed. Minutes Regular Council Meeting June 20, 1995 Page 14 Mayor Rhodes called for Council concerns and reports. Council Member Martin asked Mr. Garza to prepare a two- or three-year projection on the debt service reserve. Council Member McNichols asked about the July 11 presentation on the city's hurricane action plan. Mayor Rhodes suggested that the issue about Red Cross shelters be addressed at the June 27 Council meeting. Dr. McNichols also forwarded letters from citizens regarding Oleander Point and Key Largo. He asked when the next Council discussion would be on the proposed hike and bike trail. Mr. Garza said he would provide an update on the issue. Council Member Heldenfels commented about the hike and bike trail as well, asking if a bike trail on the inside of the parking lane on Ocean Drive had been considered. He also remarked about being informed regarding different issues. Council Member Cooper asked about publishing a condensed version of the City Council agenda in the daily newspaper. She noted that although the agenda is posted in City Hall prior to each Council meeting, many citizens are not able to come to City Hall before the meetings to obtain an agenda. Mr. Garza said a special page in the newspaper devoted to city -related items has been discussed, but has not been implemented because of various difficulties. City Secretary Chapa pointed out that the agenda is televised on TCI Channel 20 on Mondays before Council meetings. Council Member Betty Jean Longoria forwarded a letter from a resident complaining about parking around Dos Mundos Day School. She added that she had canceled a meeting in Calallen that was going to be held June 22, 1995; it will be rescheduled for August. Council Member Martin asked for an update on the outlet mall in the northwest area. Mayor Rhodes added that she was appointing Council Member Black to the Administrative Analysis Committee and Council Member John Longoria to serve as a liaison to the Port Authority. Mr. Longoria asked that Lizette Solis, the spelling bee champion, be recognized during a future Council meeting, and Mayor Rhodes said that she would be. * * * * * * * * * * * * * 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 5:40 p.m. on June 20, 1995. * * * * * * * * * * * * *