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HomeMy WebLinkAboutMinutes City Council - 07/13/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 13, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: ** Jack K. Dumphy City Manager Edward A. Martin Herbert Hawkins City Attorney Bruce Aycock * Dr. Charles W. Kennedy City Secretary Bill Read Cliff Zarsky ABSENT: Council Member Bob Culley Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Herbert Hawkins in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cliff Zarsky. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum, was present to conduct a legally constituted meeting. A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meetings of June 29 and July 6, 1983 and the Special Council Meeting of July 6, 1983 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. A motion was made by Council Member Zarsky that Council Member Bob Gulley be excused from the meeting, seconded by Council Member Dumphy and passed unanimously. MICROFILMED, 'SEP 191984 Minutes Regular Council Meeting July 13, 1983 Page 2 Mayor Jones then presented 30 -year pins to the following employees: Name: Department: Position: Alfred Ruiz Traffic & Transit Traffic Eng. Maintenance Foreman Manuel R. Garza Police Senior Officer * Council Member Charles Kennedy arrived at the meeting at 2:17 p.m. during the foregoing presentations. Mrs. Anita Garza, Municipal Court Clerk, made a few remarks about her husband, Officer Garza who had just been presented a 30 -year pin. ** Mayor Pro Tem Betty Turner arrived at the meeting at 2:20 p.m. Mayor Jones then administered the oath to Mr. Mike Maldonado who had recently been appointed to the Human Relations Commission. * * * * * * * * * * * * * * Mayor Jones announced the scheduled bid opening on the following engineering project: Leopard -Baldwin Area Street Improvements project. This Voluntary Paving project provides for the reconstruction of Garfield Drive, Van Cura Drive, Quaile Drive, Eloise Drive and Reeves Drive and the construction of a 4 foot wide sidewalk on Lantana Street in the west portion of the City. Assistant City Manager James K. Lontos opened bids on this project from the following companies: APPCO; C & C Industrial Builders; Claude Chapman Construction Company; Heldenfels Brothers; King Construction Company; Maverick Construction Company; and South Texas Construction Company. Mr. Lontos verified that all of the firms had submitted the required bid security bond. Mayor Jones expressed appreciation to the contractors who had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * * * * * * * Mayor Jones called for Action of the Council from the Workshop Session as follows: 1. The recommendations of the City Manager regarding the Transit System be approved. Minutes Regular Council Meeting July 13, 1983 Page 3 Mayor Jones stated that the recommendation of the City Manager included the following items: a. Approve the transit budget as submitted with the subsidy as proposed; b. Indicate that prior to approving another budget with a general fund subsidy that some determination or action plan must be developed by the City Council and staff for the long range; c. Appoint a special study group with the charge to the group being as stated in the memorandum and request that they report back with heir recommendations to the Council within 120 days; d. Aprtoint a study group of approximately 20 individuals broadly representative of the community and especially the community as it relates to transit, namely riders, tourist related, retail business, industry, and large employers who have a transit related employee group (i.e. Army Depot, Hospitals, City, etc.). There should also be included representatives of the Chamber of Commerce Transportation Committee and staff and a representative from the City's Transportation Advisory Board; and e. Direct the City Manager to appoint appropriate staff to direct and expedite the work of the special committee. A motion was made by Mayor Pro Tem Turner that the foregoing items be approved, seconded by Council Member Dumphy and passed unanimously. * * * * * * *•* * * * * * * Mayor Jones announced that briefings will be conducted by Deputy City Manager Ernest Briones for all of the candidates the operation of the City. He stated that these discussions will be conducted on Friday, July 22, at 10:30 a.m. and 2:30 p.m. and Monday, July 25, at 10:30 a.m. and 2:30 p.m. in Room 221 of the Bayfront Convention 'Center. City Secretary Read stated that the drawing for places on the ballot will be conducted at 2:00 p.m. in. the Council Chamber on Thursday, July 14, 1983. * * * * * * * 'k * * * * * * Mayor Jones called for Consideration of Consent Motions on the following items, 1 through 8: 1. Bids be received Aucust 9, 1983 for one (1) slope mower for the Park Division. This equipment will be used to mow parkway and drainage easements. Estimated expenditure is $33,000. Funds would come frcrn the Proposed 1983-84 Budget. This item was scheduled for purchase in 1982-1983 but was deleted during the spring budget amendment. Minutes Regular Council Meeting July 13, 1983 Page 4 2. Bids be received August 2, 1983 for thirty-six be used in the Downtown Business District Project. The estimated expenditure is $200,000 3. Bids be received August 10, 1983 for a three 173.025 mineral acres in Lake Corpus Christi State Park and Girl Scout Camp. traffic signal controllers to Traffic Signal Improvement .00. year oil and gas lease for along the shoreline of the 4. Plans and specifications for Broadmoor Park No. 3 Storm Sewer Improvements be approved and bids be received on August 10, 1983. This 8th Year Community Development Block Grant project provides for the installation of an underground storm sewer and curb inlets along Robin Drive, Whittier Drive and Whiting Drive. 5. Twelve months supply agreement for Gas and Water Meters to be used by the Gas and Water Divisions be approved based on low bid meeting specifications. GAS METERS: National Meter Parts, Lancaster, Ohio 175 cu, ft. capacity Rockwell Int., Houston, Texas 415-10000 cu. ft. cap. & auto pressure correcting instr. SUB TOTAL WATER METERS: Rockwell Int., Houstwi, Texas GRAND TOTAL $ 36,950.00 $ 25,549.70 $ 62,799.70 $101,840.00 $164,639.70 Low bids on gas meters and low bid meeting specifications on the water meters. The apparent low bid on the 5/8" x 3/4" and 3/4" Kent Meters from C. C. Pipe and Supply does not meet specifications. The cases and covers are plastic and specifications specify brass. The 3/4" meter from the Neptune Meter Co, and the 1}" and 2" meters from Carlon Meter Co. do not meet specifications with their water meters. The meter driving dogs in all are plastic, specifications specify stainless steel or monel. Twelve bid invitations were issued and nine bids were received. Prices have decreased an average of 10% on the gas meters and increased 2% on the water meters since the previous contract of June, 1982. The decrease in the gas meters is the result of the National economy creating a more competitive bid situation. Minutes Regular Council Meeting July 13, 1983 Page 5 6. A 10 foot wide utility easement dedication be acquired from the Robert Driscoll Crippled Childrens Hospital for the construction of a 12" water line along the south boundary of the hospital tract to increase the hospital's fire protection capability. The hospital will furnish the pipe and the City will install the line. The easement contains an indemnification and hold harmless clause releasing the hospital from all claims that may arise as a result of the installation of the line by the City. 7. The Calalien High School and Parker Park Tennis Court Lighting project be accepted and final payment to Amber Electric Company in the amount of $21,409.30 for a total project cost of $38,926.00 be approved. New lighting systems were installed at the park and high school. A 53 -day extension of time is recommended due to delays in delivery of electrical equipment from the manufacturer. 8. The Hurricane Allen Bayfront Parks Restoration project be accepted and final payment of $73,484.39 be made jointly to American Druggists' Insurance Company and CiviI Constructors, Inc. it is further recommended that (a) Change Order No. 5 in the amount of $14,000 as settlement for a claim regarding payment for rock be approved, (b) a 50 day time extension be authorized to Civil Constructors, Inc., and (c) liquidated damages in the amount of $100 per day for 29 days for a total of $2,900 be charged the contractor. There were no comments from the Council on these items and Mayor Jones called comments from the audience. Mrs. Nina Johnson, 6025 Lost Creek, owner of Turf & Irrigation, stated that her company had sold items to Civil Constructors which is the company performing the Hurricane Allen Bayfront Park Restoration project. She stated that they had not been paid for the items supplied for this project and they would like to request that the balance of the checks due Civil Constructors be made payable to Turf & irrigation for their supplies. Assistant City Manager Lontos explained that the final payment is to be made jointly to American Druggists' Insurance Company and Civil Constructors, Inc. He stated that the insurance company is the bonding company for this contractor and when final payment is made, it is the City's assumption that all suppliers of equipmert and purchases will be paid and this is the usual procedure. He state: that unless the contractors specifically request that a check be made pay,- 'e to a subcontractor, then the City must make the payment to the compar r with whom they have a contract. He stated that to his knowledge, the City rnt er writes checks directly to a supplier because if they have a contract with a particular company, then the payment must go directly to that contractor. He further stated that as far as he knows, the Engineering Department has never authorized payment to a supplier and he did not feel that this would be an appropriate action. City Manager Martin pointed out that since the payment is to be made jointly to the ccntractor and the bonding company, evidently the bonding company will see that the suppliers are paid. Minutes Regular Council Meeting July 13, 1983 Page 6 Mayor Jones suggested to Mrs. Johnson that this should be discussed with the Engineering Staff. * * * * * * * * * * * * * * Mayor Jones then called for Consideration of Consent Ordinances and Ordinances from Previous Meetings on items 9 through 31. There were no comments from the Council or members of the audience on these ordinances. City Secretary Read polled the Council for their votes and the following ordinances were passed: 9. ORDINANCE NO. 17697: APPROPRIATING $197,547,24 TO SUPPLEMENT $114,402.04 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBITS "A" AND "B"; AUTHORIZING A REIMBURSEMENT OF $311,949.28 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 10. ORDINANCE NO, 17698: APPROPRIATING $1,600 FOR RELOCATION OF THE THREE REMAINING TENANTS IN THE BAYFRONT SCIENCE PARK AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 11. (This ordinance was withdrawn by the City Manager -- See page 13) 12. ORDINANCE NO. 1-699: AUTHORIZING Tr'7. EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1 AND 2 IN CONNECTION WITH THE FURMAN SCHOOL AREA STREET IMPROVEMENTS, PHASE I; APPROPRIATING $1370; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 13, 1983 Page 7 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: . Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 13. ORDINANCE NO. 17700: AUTHORIZING THE EXECUTION OF A CONTRACT WITH OLSON ASSOCIATES FOR DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SOUTH BLUFF PARK EXPANSION PROJECT; APPROPRIATING $43,500 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 14. ORDINANCE NO. 17701: AUTHORIZING THE EXECUTION OF A CONTRACT WITH DEBER, INC. FOR THE GREENWOOD PARK SITE GRADING PROJECT; APPROPRIATING $73,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed. by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 15. ORDINANCE NO. 17702: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BUDDY SEEDS DEVELOPMENT CORPORATION FOR CITY PARTICIPATION IN REWORKING PURDUE ROAD ADJACENT TO FUTURE LAGUNA ESTATES UNITS; APPROPRIATING $13,000 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumph", Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, ''absent". 16. ORDINANCE NO. , 7703: AUTHORIZING T. -,E EXECUTION OF A CONTRACT WITH HUNTER ASSOCIATES, INC FOR LOCATION ANALYSIS AND PREPARATION OF A PERMIT FOR THE SANITARY LANDFILL PROJECT; APPROPRIATING $55,420 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule v es suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye''; Gulley, "absent". Minutes Regular Council Meeting July 13, 1983 Page 8 17. ORDINANCE NO. 17704: AUTHORIZING THE ACCEPTANCE OF A RIGHT-OF-WAY EASEMENT FROM FRANCES KOSAR SNYDER OUT OF LOTS 1 and 2, SECTION 2, BOHEMIAN COLONY LANDS, PROVIDING FOR GRANTOR TO CONSTRUCT CURB, GUTTER, SIDEWALK AND MINOR PAVEMENT TRANSITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 18. ORDINANCE NO. 17705: APPROVING ASSIGNMENT OF RED DOT BAIT STAND TO F. C. I=DGEMON, SAID BAIT STAND BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, CONCERNING TRACT 2 OF THE COASTAL PUBLIC LANDS, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 19. ORDINANCE NO. 17706: AUTHORIZING THE PURCHASE OF 40 GOLF CARTS FROM E -Z -GO, TO INCLUDE A TRADE-IN OF 30 GOLF CARTS FROM THE CORPUS CHRISTI GOLF CENTER; APPROPRIATING $73,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 20. ORDINANCE NO. 17707: AMENDING ORD NANCE NO. 15190 ESTABLISHING A FUND FOR SELF-INSURANCE FOR LIABILITY CLAIMS TO PROVIDE FOR PROMPT ADMINISTRATIVL ACTION IN SETTLING CLAIMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". Minutes Regular Council Meeting July 13, 1983 Page 9 21. ORDINANCE NO. 17708: CALLING AN ELECTION FOR MAYOR AND EIGHT (8) COUNCIL MEMO it, IN THE CITY OF CORPUS CHRISTI; TEXAS, TO BE HELD ON THE 13T111 DAY OF AUGUST, 1983, JOINTLY WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT ANNEXATION ELECTION; DESIGNATING POLLING PLACE LOCATIONS; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zasrky voting, "Aye"; Gulley, "absent". 22. ORDINANCE NO. 17709: CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF BONDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 23. ORDINANCE NO. 17710: APPOINTING ELECTION OFFICIALS AND SPECIAL CANVASSING BOARD FOR ALL MUNICIPAL ELECTIONS FOR 1983; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 24. ORDINANCE NO. 17711: CLOSING AND ABANDONING THE 20 FOOT WIDE PUBLIC ALLEY IN WATER BLOCK 8, BEACH PORTION; PROVIDING APPLICANT PAY FOR RELOCATION OF A FOUR INCH GAS MAIN AND EIGHT INCH SANITARY SEWER AND CEHTRAL POWER & LICHT COMPANY AND SOUTHWESTERN BELL TELEFEIOt E COMPANY FOR RELOCATION OF THEIR FACILITIES WITHIN THE A; '..EY; PROVIDING FOR REPLATTING OF BLOCK 8; AND DECLARING AN r-.MERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones. Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye; Gulley, ''absent". Minutes Regular Council Meeting July 13, 1983 Page 10 25. ORDINANCE NO. 17712: CLOSING AND ABANDONING THE 70 FOOT LONG PORTION OF 45 FOOT WIDE WHITELY DRIVE RIGHT-OF-WAY ADJACENT TO LOT 49, LAGUNA MADRE COVE SUBDIVISION; PROVIDING FOR REPLATTING; RETAINING THE SUBJECT RIGHT-OF-WAY AS A UTILITY EASEMENT AND PROVIDING THAT THE OWNER PAY THE COST OF RELOCATING THE WATER SERVICE TO LOT 49; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 26. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CANE HARBOR BAY COMPANY FOR THE ANNEXATION OF APPROXIMATELY 18 ACRES OF LAND KNOWN AS CANE HARBOR BAY, PADRE ISLAND, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 27. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND B & G BUILDERS, INC. FOR THE ANNEXATION OF APPROXIMATELY 32.93 ACRES OF LAND; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading k>g the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zars:.y voting, "Aye"; Gulley, "absent". 28. FIRST READING: ADOPTING THE STANDARD PLUMBING CODE, 1982 EDITION, AND THE STANDARD GAS CODE, 1982 EDITION, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE PLUMBING CODE OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1983. Minutes Regular Council Meeting July 13, 1983 Page 11 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 29 SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT MODIFYING THE TERMS OF A 15 -YEAR LEASE BETWEEN THE CITY, THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, AND KAMPING PLEASURES, INC., ON A 47 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". 30. SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR LEASE AGREEMENT WITH MRS. HELEN MINNIE FOR MANUAL FOOD OPERATING CONCESSION AT CORPUS CHRISTI GOLF CENTER. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent", 31. THIRD READING - ORDINANCE NO. 17713: AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SO AS TO MAKE THE EXPIRATION DATE OF AN ANIMAL CONTROL LICENSE THE SAME DATE THE VACCINATION IS DUE. The foregoing ordinanance was read for the third time and passed by the following vote: Jones, Turner. Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". * * * * * * * * * -k * Mayor Jones cal+,r for Actions by Motion from the Regular Agenda. *32. Plan Administrat: 's of Texas be awarded the Administrative Services Only contract for Clair, 3 administration for the City's self-funded employees group medical and life insurance program effective August 1, 1983 on the basis of low hid and that variances which exist in their bid be waived, allowing the Cty Staff to enter into negotiations with same to develop the health care plan which is •st fits the needs of the City. * City Manager Martin withdrew this item from consideration. Minutes Regular Council Meeting July 13, 1983 Page 12 33. The City Manager be authorized to enter into an agreement with Planned Health, a health care system to be offered to City employees as an alternative to health insurance, at no additional cost to the City effective September 1, 1983. Council Member Kennedy stated that he is a member of the advisory board for Planned Health; therefore, he will not discuss or vote on this item. City Manager Martin explained that the City's health program will be offered to employees. He explained that Planned Health is a privately owned Health Maintenance Organization administered through Alternative Delivery Systems of Texas, Inc. which is being used throughout the United States. He stated that it is a health insurance alternative health plan which will provide an alternative health care program which would place greater emphasis on out-patient care through a system of health care providers. He explained that up until recently, there has been no certification of the program but it has now been certified; it is federally supervised; and the City must offer it to City employees. He explained that it will be made available to employees on a voluntary program and the City will pay no additional cost if the employee would like to take advantage of it. He stated that information meetings will be conducted by HMO and the Staff for employees who are interested. Mr. Martin also noted that Dr. Kennedy serves on the board in strictly an advisory capacity. A motion was made by Mayor Pro Tem Turner that item 33 be approved, seconded by Council Member Hawkins and passed by the following vote: Jones, Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Kennedy, "abstaining"; and Gulley, "absent". * * * * * * * * * * * * * * Mayor Jones then called for Action by Ordinance from the Regular Agenda on items 34 and 35. Mayor Jones commented on item 34 which calls for an election on a referendum as to a preferred location for a new city hall and stated that it will actually be up to the new Council to make this decision but hopefully, they will be guided by the results of the referendum. Mrs. Pauline Clay::, 3902 Mueller, asked about the wording to be placed on the ballot and suggested that it be "away from the bayfront". Mayor Jones stated that the exact location will not be pinpointed but it would just say "in the area of Nueces County Courthouse". 34. RESOLUTION NO. 17714 CALLING AN ELECTION ON AN ADVISORY REFERENDUM AS TO A PREFERRED LOCATION FOR THE NEW CITY HALL TO BE HELD ON THE 13TH DAY OF AUGUST, 1983, JOINTLY WITH THE CITY COUNCIL ELECTION AND THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT ANNEXATION ELECTION; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 13, 1983 Page 13 City Secretary Read polled the Council for their vote on this ordinance and it passed as follows: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". City Manager Martin referred to ordinance no. 35 stating that it was the first reading of the 60 -year lease agreement with Bayfront Associates, Ltd. for the development of a new land mass. He noted that the City Council is scheduled to conduct another public hearing on this subject that evening. Mayor Jones then suggested that this ordinance be voted on after the public hearing that night, and City Manager Martin expressed the opinion that this would be appropriate and this first reading of the ordinance could be delayed until that time. A motion was made by Council Member Kennedy that the vote on this ordinance be taken after the public hearing; seconded by Council Member Hawkins and passed unanimously. * * * * * * * * * * * * * Mr. Johnny Cotten asked to be recognized and stated that he would like to address item 11. He indicated that this was approved so quickly that he was not aware that there was an opportunity for him to speak on this. He stated that he represents the owners of the land adjacent to the public right-of-way that is to be closed. He stated that they had examined the item on the agenda and read the attachment and they are concerned about this closure. He pointed out that the new construction is subject to the closure and a building cannot be constructed on land that is not owned. He noted that the ordinance indicates that construction must begin within a certain period of time before the street closure is in effect. City Manager Martin stated that the term "substantial construction" is vague and it is a condition of the closure. City Attorney Aycock stated that he believed the requirements allow for construction within a two-year period. City Manager Martin stated that the wording could be changed. A motion was made by Mayor Pro Tem Turner that the Council reconsider item 11, seconded by Council Member Hawkins and passed unanimously,. A motion was made by Mayor Pro Tem Turner that action on item 11 be delayed. seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * * Mayor Jones announced public hearings on the following Items: 36. Contractual annexation of a 41.83 acre area out of Lots 2 and 5, Section 11, Bohemian Colony Lands, being platted as Willowick Addition. Minutes Regular Council Meeting July 13, 1983 Page 14 Mr. Larry Wenger, Director of Planning, located on a transparency the subdivision which is just north of Breckenridge Subdivision. He stated that it was prezoned "A--1" and "R -1C" by the City Council and also noted that an on-site hearing will be conducted on Thursday morning, July 14, 1983. Mayor Jones ascertained that no one in the audience wished to speak on this annexation. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the annexation proceedings, seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * 37. Contractual annexation of a 44.59 acre area out of Lots 20, Section 27 and Lots 3, 4, 5, 5A, 6, 6A, Flour Bluff Encinal Farm and Garden Tracts, being platted as Southfork Unit #2. Mr. Wenger explained that this is near the Cayo del Oso and there will also be a hearing Thursday morning, July 14, on this site. Mayor Jones inquired about the number of dwelling units that will be constructed here and Mr. Wenger explained that since it was prezoned "R -1C" and "R-2", there will be a mixture and the density will be rather high on the property. He stated, however, that the developer does not plan to build to the maximum density allowed under this zoning. No one spoke in regard to this annexation. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Mayor Pro Tem Turner to concur with the contractual annexation, seconded by Council Member Kennedy and passed unanimously. City Secretary R.ad stated that the first reading of the ordinance authorizing the contract for the annexation will be before the Council next week. * * * * * * * * * * * * * 38. Public Hearing on the proposed 1983-84 budget and the planned use of revenue sharing funds for 1983-84. City Manager Martini stated that the City must publish some notice of the hearing 15 days prior to it and this publication was prominently displayed in le newspaper. Minutes Regular Council .Meeting July 13, 1983 Page 15 Mayor Jones then called for comments from he audience. Mr. Ronald McGee referred to the budget and asked, in particular, about the utility rate increase. He stated What he felt that the rate increase is unnecessary since the public utilities are operated by the City and are tax-exempt. He stated that he objected to the practice of transferring sums from public utilities for in lieu and franchise taxes to the City's general fund. He informed the Council that he plans to request a mandatory election on a charter amendment election and read the petition that he plans to circulate. Also speaking in regard to the same utility rate increase was Mr. Jack Gordy. He referred to the expenditure of City funds for trips taken by the City Council Members and their wives and objected to the expenses spent on these trips. He suggested that if this spending is eliminated, the utility rates would not have to be increased. He also objected to the exorbitant salary increases that have been approved in the past year as well as car allowances. Mr. J. E. O'Brien, 4130 Pompano, referred to the Revenue Sharing portion of the budget. He then requested that some of the $36,000 in reserve be allocated to purchase another tape recorder for the City Secretary's Office so that one will be available for public use rather than their having to wait until the Council Chamber is not in use. He, too, objected to the increase in utility rates and pointed out that Corpus Christi is already rated fifth highest of 230 cities in the United States. He urged that the in lieu of and franchise taxes be phased out. No one else indicated a desire to speak in regard to the budget, and Mayor Jones inquired if there would be an opportunity in the future for further comments. City Manager Martin suggested that the official public hearing be closed but noted that citizens could speak on the budget on July 27, when the budget is considered for adoption. He stated there was a necessity to conclude the public hearing on the budget as it relates to Revenue Sharing because of a time problem. A motion was made by Council Member Kennedy that the public hearing on the budget be closed, seconded by Counc.ii Member Zarsky and passed unanimously. Council Member 'F.e,akins agreed that every year, the "in lieu of" taxes are used to support the C— eral Fund and pointed out that he had requested the preceding Monday, Ju'v 13, that this practice be curtailed. He then proposed that a limit be placed on the "in lieu of" and franchise taxes in the amount of S% this year with 3% for the following year with the remainder to be returned to the Public Utilities Department. City Manager Martin pointed out that 4% of the "in lieu of" taxes were allocated to the General Fund and 6% of the franchise taxes and inquired as to where the limit should be placed. Minutes Regular Council Meeting July 13, 1983 Page 16 Mr. Hawkins stated that he was proposing that the combined limit on both types of taxes be 5% with the remainder to be returned to the Utilities Department to offset rate increases. He expressed the opinion that this 5% would not affect the budget too much and if the limitation. is 3% next year, the utility rate payers would not have to contribute to the General Fund. Mayor Jones pointed out that if this amount is removed from the budget, that deficit must be made up somewhere and the only recourse would be the increase of ad valorem taxes. He also pointed out that the commercial water users are the largest consumers and contribute a great deal to the franchise and the in lieu of taxes and he was of the opinion that it was better to have the users, including the industrial users, pay towards the General Fund than the homeowners having to bear all of the burden of the City expenses. Mayor Jones then requested that Council Member Hawkins commithis suggestions to writing so that everyone will understand exactly what he is proposing. Council Member Kennedy suggested that if Council Member Hawkins proposes decreasing the budget revenue by $500,000 and if he wants to reduce the utility rates, then he should make suggestions as to where he wants to have the budget decreased or where he plans to make up this deficit. City Manager Martin stated that as an example, he would like to point out that the Naval Air Station pays $100,000 in lieu of gas payments and Council Member Hawkins' proposal would free them of this obligation and that money would have to be made up somewhere else. He also noted that 50% of the water tax is paid by companies outside the City limits and if they do not have to pay in lieu of taxes, then the property owners within the City will have to have their ad valorem taxes increased a great deal. He stated that the Council should really be considering increasing in lieu of taxes so that the homeowners can be freed from this heavy tax burden. Mr. Hawkins stated that he will prepare his motion in writing for next week. * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not listed on th agenda. Mr. Don Ocker, 307 Troy Drive, informed the Council that their neighborhood is a part of the Lee Manor Subdivision and they would like to present a petition requesting the City Council to improve Lee Manor Park in the following manner: (1) installation of a sprinkler system or other method of watering the grass, trees and shrubs in the park; (2) planting of additional trees and shrubs in the park; and (3) installation of additional night-time lighting in the park. Mr. Ocker continued by stating that this park was dedicated twenty years ago and there have been little, if any, improvements. He stated that the streets included in the area are Troy, Haroldson, Palmetto Minutes Reguiar Council Meeting July 13, 1983 Page 17 and Chevy Chase. He summarized by requesting the Council's assistance in getting this park improved. Mayor Jones requested that the Staff respond to this request and provide a report to the Council. Mayor Pro Tern Turner suggested that a program of adopting a park be initiated for these improvements. Mr. Ocker stated that their neighborhood is more than willing to help but only if there is a source of water. He suggested that the budget might be amended to include this. City Manager Martin informed Mr. Ocker that this is not related to the budget because it would be in the nature of an item to be included in a future bond program. Speaking on another matter was Mrs. Bertie Villarreal who referred to the construction jobs authorized through Neighborhood Improvement which were discussed during last week's Workshop meeting. She stated that there were only three jobs that this company that was under attack performed. She explained some of the circumstances related to the performance of the company in question. She provided some information in regard to the issuance of checks and alleged misrepresentation by Neighborhood Improvement and the Accounting Department. She stated that there was a conspiracy to attempt to put their company out of business and stated that she had asked to sec the distribution of funds. She stated that at the time she examined the documents, she discovered that other contracting companies put in for a draw and receive their funds within two or three days but their company did not. City Manager Martin reminded the Council that the preceding week, Council Member Hawkins had explained the five or six cases that had been reported to him involved with Neighborhood Improvement on problems with remodeling by residents who have received loans from that division. He stated that Council Member Hawkins had made a motion that these cases be investigated; the Staff has made an investigation; and he has just presented them with a report. Mayor Pro Tem Turner requested that Mrs. Villarreal be provided with a copy of the report. Council Member wkins stated that he was of the opinion that there is a need to investigate specific guidelines to prevent these things happening to property owners. He pointed out that funds are received from the Federal Government and no contractor should have more than three contracts at the same time, yet, this company had six at one time, He stated that, obviously, they over extended themselves by taking out six contracts and one of the homeowners on the list brought a letter indicating that they are being sued for lumber purchased by this consrjct`.on company and the homeowner is going to have to pay for this. He noted that this is not the homeowner's responsibility but is the responsibility of the contractor. He stated that there are other Minutes Regular Council Meeting July 13, 1983 Page 18 supply companies that have not been paid for their materials. He urc€d Umt the City develop guidelines to police this program. Council Member Dumphy stated that the guidelines Mr. Hawkins refers to are well documented and have been followed. He stated that he had no personal knowledge of these six contracts but the proper procedures ar•e in effect and whether they have been followed by Neighborhood Improvement or not, he did not know. He noted, however, that in examining the language in these contracts, it is obvious that the work was not properly performed. He suggested that the Council Members read this memorandum very carefully and that it be discussed next week, following which a decision can be made. Mayor Jones suggested that this be an agenda item next week. Council Member Hawkins stated that when he referred to guidelines, he meant that the City should establish their own guidelines to be in compliance with the Federal regulations. City Manager Martin stated that he has no comments at this time and referred to Kelly Elizondo's memorandum which explained a lot of questions. He stated that there are always a number of problems with allowing people to contract directly with a contractor to perform work and this is typical of rehabilitation programs but the Community Development guidelines requires that the homeowners contract directly with the builder and this is a bad practice because side deals are made at times. He stated that he felt it would be preferable to have several homes under contract for improvements with one large contractor but this is not possible. He suggested that this matter be discussed at 9:00 a.m, next week and concluded. Mr. Kelly Elizondo, Director of Housing and Community Development, informed the Council that he had met with the homeowners since the preceding Wednesday; three of them have stated that they will get their remodeling finished; one other person plans to do so; and all of the projects are moving forward at this time. He expressed the opinion that the six projects will be completed as soon as possible. A motion was made by Council Member Kennedy that this subject be discussed at 9:00 a.m. two weeks from that day; seconded by Council Member Zarsky; and passed une.nimously. * * k * * * * * * * * * * Mayor Jones referred to the open container recommendation made by the Transit Advisory Board. He stated that he felt that this should be considered but not until the Staff has had an opportunity to provide more information, and the rest of the Council indicated their concurrence. Council Member Hawkins suggested that it should be a referendum for the public to vote on. Minutes Regular Council Meeting July 13, 1983 Page 19 Mayor Jones urged that it not be discussed until after the Staff has provided the Council with a report. City Manager Martin stated that he will answer all of the questions that exist on this subject and provide a report to the Council. Mrs. Salley Madlin, 5026 Wooldridge, member of the Transportation Advisory Board and also a member of a citizens group that is concerned with driving while intoxicated, provided statistics in regard to accidents and deaths caused by alcohol related accidents and urged that open containers of alcoholic beverages be prohibited. Mayor Jones stated that this will be discussed by the Council as soon as the Staff has compiled further information. A motion was made by Council Member Kennedy that the Regular Council Meeting be recessed until 7:30 p.m. at which time it will be reconvened at the Bayfront Convention Center, seconded by Mayor Pro Tem Turner and passed unanimously at 4:15 p.m., July 13, 1983.