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.