HomeMy WebLinkAboutMinutes City Council - 12/31/1985Present
Mayor Luther Jones
Mayor Pro Tem Jack Best
Council Members
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
Minutes
City of Corpus Christi, Texas
Regular Council Meeting
December 31, 1985
9:00 a.m.
City Manager Edward A. Martin
City Attorney Bruce Aycock
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order at 9:00 a.m. in the Council
Chamber of City Hall.
The invocation was given by Mrs. Mary Bell, Chairperson of the Library
Board, following which the Pledge of Allegiance to the Flag of the United States
was led by Council Member Berlanga.
City Secretary Chapa called the roll and verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
A motion was made by Council Member Pruet that the minutes of the Special
Council Meeting of December 16, 1985 and the Regular Council Meeting of December
17, 1985, be approved; seconded by Council Member Strong; and passed unani—
mously.
Mayor Jones announced the following presentation:
1. Texas Municipal League Award to Speaker Pro Tem Hugo Berlanga.
Mayor Jones presented a plaque to Mr. Berlanga honoring him as Texas
Municipal League Legislator of the Year.
Speaker Pro Tem Berlanga stated that it was an honor to receive the plaque
and it was a very prestigious award.
* * * * * * * * * * * * *
Mayor Jones announced the presentation on Operation Heat Help.
MICROFILMED
a.
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Regular Council Meeting
December 31, 1985
Page 2
Mrs. Leah Olivarri, Director of Administrative Services, stated that one
year ago the City began a gas assistance program to eligible individuals; the
main source of funds was from the public, city employees, and a benefit concert;
at that time, it was decided that establishing a contribution system through
utility bills would be more desirable; but because of the computer system, it
was almost impossible to do this by a rounding -off method.
Mrs. Olivarri stated that a method has been devised so that a customer
could designate a fixed amount to be added to their utility bill; implementation
costs would be approximately $9,400 which is available from the General Fund;
and Nueces County Human Services Department would perform the screening of the
applicants.
In response to a question from Mayor Jones, Mrs. Olivarri stated that the
program is for gas bills only, not electric bills, but there are other programs
available for assistance in paying electric bills.
Council Member Berlanga inquired if donations would be accepted or only
pledges through utility bills.
Mrs. Olivarri stated that a letter will be mailed to all utility customers
explaining the program and the letter will have a form whereby a customer may
designate an amount to be added to their monthly bill, but that one-time
contributions will also be accepted.
Council Member Guerrero noted that the majority of the customers who will
need the assistance live in older homes where gas is utilized. He stated that
this is an example of government being used as a vehicle to provide funding and
he is very excited about the continuing possibilities of the program.
Council Member Slavik inquired if a targeted amount had been established,
and Mrs. Olivarri stated that approximately $20,000 would be a good amount to
have every winter. She informed the Council that the Utility Department does
not discontinue gas service to a customer in arrears if the temperature drops
below 35°.
Council Member Berlanga inquired if the funds could be used for something
else in case there is a surplus.
Mrs. Olivarri stated that she did not think the Council would want to do
that, since the letter is a request for donations for gas assistance. She
stated that any surplus money should be placed in an interest bearing account
and used the following year for gas assistance.
Mayor Jones requested periodic reports on the progress of Operation Heat
Help.
City Manager Martin stated that the Council can be instrumental in the
program by speaking to groups and individuals about Operation Heat Help and that
it is a program with no administrative costs.
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Regular Council Meeting
December 31, 1985
Page 3
Mrs. Olivarri stated that public service announcements will be made also.
A motion was made by Council Member Guerrero that the Operation Heat Help
Program be adopted and the Council state its appreciation to the staff for the
fine work they have performed; seconded by Council Member Mendez; and passed
unanimously.
* * * * * * * * * * * * *
A motion was made by Council Member Guerrero that the Council convene in
closed session to discuss personnel; seconded by Council Member Strong; and
passed unanimously.
City Secretary Chapa stated that the Council was convening in closed
session in accordance with Article 6252-17, Open Meetings Law, at 9:25 a.m.
* * * * * * * * * * * * *
The Council reconvened at 10:49 a.m.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Consent Motions, 1 through 19.
1. Approval of specifications and authorization to receive bids for a 12.5 hp
track excavator for the Water Division to be used for excavation work in
confined utility rights-of-way and easement areas. This item is included
in the 1985-86 Capital Outlay budget with an estimated expenditure of
$17,500.
2. Approval of specifications and authorization to receive bids for a modular
type prisoner transport vehicle for the Police Department. Estimated
expenditure is $36,050.
3. Approval of specifications and authorization to receive bids on three
tractor/loader/backhoe, two for Water Division and one for the Gas
Division. These items are included in the 1985-86 Capital Outlay budget
with a total estimated expenditure of $108,000.
4. Approval of specifications and authorization to receive bids for twenty-
five self contained breathing apparatus to be used by the Fire Department.
This item is included in the 1985-86 Capital Outlay budget. Estimated
expenditure is $41,000.
5. Approving a twelve month supply agreement with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for
approximately 47,500 feet of traffic signal control and loop detector
lead-in cable to be used by Traffic Engineering, based on low bid of
$15,937.50 to Clifford of Vermont Company. Seven bid invitations were
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Regular Council Meeting
December 31, 1985
Page 4
issued, two bids were received. Prices have decreased approximately 10%
since last contract of November, 1983.
6. Authorizing the City Manager or his designee to enter into an agreement
with the South Texas Art Foundation, Inc., for the use of South Bluff Park
for an Art Jamboree from April 25, 1985 to April 27, 1986, in consideration
of a payment to the City of four (4%) percent of gross receipts. The Park
and Recreation Board unanimously approved the request during their December
meeting.
7. Authorizing the City Manager or his designee to submit an application to
the Texas Commission on the Arts for matching funds in the amount of
$30,000 for regranting as recommended by the Municipal Arts Commission.
All of these matching funds would be regranted to local arts and cultural
organizations by utilizing the Municipal Arts Commission to review and
recommend programs to the City Council for funding.
8. The City Manager or his designee be authorized to sign a contract with
ACTION for the continuation of the Retired Senior Volunteer Program for
1986-87. The ACTION Grant budget is $100,096 ($40,000 in Federal funds and
$12,560 in State funds and $47,536 City money). The grant year begins
April 1, 1986.
*9. Approving a water supply contract between the South Texas Water Authority
and the Nueces Water Supply Corporation. The contract provides for the
Authority to sell treated water to the Corporation for 40 years. The
Authority purchases water from the City of Corpus Christi. Under the terms
of its contract with the City, the Authority must secure the written
approval of the City Council before it may sell water purchased from the
City to a non-profit corporation.
*Withdrawn - See page 6
10. Recommending the following actions regarding the Downtown Pump Station
Project:
nAn
a. The contract with Bracco Construction Company, at a cost of
$134,536.09, be accepted and final payment of $19,479.09 be authorized
with $1,000 of this amount being retained until the proper wiring
diagrams and operating manuals are submitted.
b. The contractor be granted an 81 -day time extension to supplement the
authorized 180 contract days and be charged for 15 days liquidated
damages at $100 per day for a total of $1,500.
c. The Engineering Services Contract with Goldston Engineering Company be
amended to provide for payment of an additional $1,831.83 for services
during the construction phase of the engine replacement.
d. Plans and specifications to rebuild the two diesel engines at Pump
Station "A" be approved and bids be received on January 28, 1986.
• .
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Regular Council Meeting
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11.
Awarding a contract
Company for the Fire
work are available in
in the amount of $18,294.05 to R. A.
Station No. 3 Roof Repair project.
the Fire Department Operating Budget.
12. Approving Change Order No.
additive amount of $7,617
window, fire alarm panel
related work.
Browne Roofing
Funds for this
6 to the Central Public Library project in the
providing for millwork revisions, an additional
relocation, window shutter modifications, and
13. Authorizing acquisition of a parcel of land located at the corner of 18th
and Mary Streets in connection with the Mary Street Improvements Project.
14. Authorizing acquisition of two parcels of land (114, 1118), one located off
Princess Drive and the other between Dwyer and McCain Drives, for the
Turkey Creek Drainage Improvements Project.
15. Authorizing the City to enter into an agreement with Annie Blake Morgan
Head, et al, providing for their dedication of drainage right-of-way in the
McNorton-Clarkwood area and their participation in the cost of adjusting
pipelines traversing drainage channels.
16. Authorizing the
Oil Corporation
right-of-way in
17. To amend,
Camp Fire
House, to
insurance
the City,
lessee to
City Manager to enter into an agreement with the Anderson
providing for Anderson's dedication to the City of drainage
the McNorton-Clarkwood area.
prior to third reading, the ordinance approving a lease with the
Council of Corpus Christi Area, Inc., pertaining to the Gugenheim
require the lessee to carry comprehensive general liability
for bodily injury and property damage in an amount approved by
naming the City as an additional insured, and to require the
carry insurance covering the building contents.
18. To amend, prior to third reading, the ordinance approving a lease with the
Corpus Christi Regional Transit Authority of the existing transit facility
on Sam Rankin Street, to permit a release of Tract 2 for use by HIALCO-OIC
Housing Assistance, Inc. upon request by the City, and to provide to the
Authority substitute parking on Lots 1, 2, 3 and 4, Block 55, Bluff Portion
Subdivision, upon release of Tract 2 by the Authority.
19. To amend, prior to third reading, the ordinance approving a lease
assignment by the Junior League of Corpus Christi, Inc. to the Creative
Arts Center, Inc., pertaining to the Lichtenstein House, to require the
assignee to carry comprehensive general liability insurance for bodily
injury and property damage in an amount approved by the City, naming the
City as an additional insured, and to require the assignee to carry
insurance covering the building contents.
Mayor Jones referred to item 2, bids to be received for a prisoner trans-
port vehicle, and inquired about the effect the combining of jail facilities
would have on such an item.
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Regular Council Meeting
December 31, 1985
Page 6
City Manager Martin stated that the vehicle is not related in any way to
combining of the jail facilities with Nueces County.
Council Member Guerrero referred to item 3, bids to be received on three
tractor/loader/backhoe, and inquired if this equipment would be used for
cleaning ditches.
City Manager Martin stated that one of the issues that needs to be
addressed is how many miles of ditches acutally need to be cleaned. He stated
that it is very time consuming when the ditches have to be excavated and stated
that this is done by use of a dragline, not a tractor/loader/backhoe.
Mayor Jones referred to item 9, approval of a water supply contract between
the South Texas Water Authority and the Nueces Water Supply Corporation for the
the sale of treated water from the Authority to the Corporation, and inquired if
there was any limitation on the amount of water and/or irrigation uses. He
stated that his main concern is that the Authority could have an unlimited
amount of water.
City Manager Martin stated that he would obtain the information for the
Council.
In response to a question from Council Member Mendez, Mr. Martin stated
that the city does not control the rates charged customers by the Corporation.
Mayor Jones inquired if the Authority would have to comply with any
possible water rationing, and Mr. Martin replied in the affirmative.
In response to a question from Council Member Berlanga, Mr. Martin stated
that after the lines are installed they would be owned by the Corporation, not
the City.
Council Member Pruet requested that the Council be provided a copy of the
contract.
Mr. Doug Matthews, Director of Public Utilities, stated that the
Corporation could not use the water for irrigation; there is not a maximum limit
on the amount of water that may be purchased, but there is a minimum purchase
requirement.
Mayor Jones stated that he felt there should be a maximum limitation on the
amount of water that could be purchased.
City Manager Martin suggested that this item be withdrawn from consider-
ation at this time, and the Council indicated their concurrence.
Council Member Slavik referred to item 10, acceptance of the Downtown Pump
Station "A" Project and final payment to Bracco Construction Company, and
inquired if the City could receive any money from Cummins Engine Company, since
that company caused the delay.
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Regular Council Meeting
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Mr. Gerry Smith, City Engineer, stated that under the contract with Bracco,
the City cannot hold the general contractor responsible for the actions of the
subcontractors beyond his control. He stated that since the delay was beyond
the control of Bracco, the staff is recommending the time extension; there is no
admission of negligence by Cummins; and there are no charges of negligence by
the City.
Council Member Slavik referred
Transit Authority in order to release
to when Hialco wanted to use the land
City Manager Martin stated that
for $18,500.
to item 18, amending the lease with the
Tract 2 for use by Hialco, and inquired as
and if they would pay for the land.
the City plans to sell the land to Hialco
Council Member McComb referred to item 12, a change order to the Central
Public Library project, and stated that he feels that the architect is respon-
sible for the changes; i.e., correct window head roughouts at the roof dormers
and install respecified storm shutter boxes because the architect specified a
manufactured storm shutter which is no longer made; increase the thickness of
the concrete roof slab to provide better drainage; and relocation of a fire
alarm panel as requested by the Fire Marshal.
Mr. McComb stated that he would vote against this item because he feels the
architect is responsible.
City Manager Martin stated that he feels the architect is responsible, but
the Council needs to determine whether the cost is additional to the City if
these items would have been done correctly from the beginning. He stated that
he feels that if an architect has errors that cost the City additional money,
the City should be compensated and the architect should not be hired again.
Council Member Guerrero stated that the project should not be delayed due
to an architectural error; the work needs to be done; the change order needs to
be approved; and if it is determined to be the architect's error, then the
architect should be charged.
Mayor Pro Tem Best and Council Members Berlanga and Pruet agreed with
Council Member Guerrero's statements to hold the architect accountable.
Council Member Mendez referred to item 13, acquisition of a parcel for the
Mary Street Improvements Project, and Mr. Smith stated that this is the only
parcel needed for this project and it is needed in order to correct a dog -leg in
the road. He stated that approval of plans and specifications would be before
the Council within 3 weeks.
Council Members Guerrero and Mendez noted the significance of items 14
through 16, drainage improvements for Turkey Creek and McNorton-Clarkwood areas.
Mayor Jones referred to item 17, the Gugenheim House lease, and inquired if
the leases for the various houses in Heritage Park provide for certain hours of
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Regular Council Meeting
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Page 8
operation, and Mr. Martin stated that each of the contracts are different as to
minimum hours they must be open.
Council Member Strong stated that the Merriman/Bobys house is required to
be open a minimum number of hours per week, not specific days.
Mr. Terry Dopson, Director of Parks and Recreation, stated that the staff
is trying to coordinate the hours of all of the homes so that walking tours can
be provided.
Mayor Jones asked that the Council be informed on the progress of
coordinating the hours of operation.
Mayor Jones called for comments from the audience on the consent motions;
there were none; a motion was made by Council Member McComb that items 1 through
8 and 10 through 19 be approved; seconded by Council Member Mendez; and passed
unanimously.
A motion was made by Council Member McComb that within the next two weeks
an item be placed on the agenda to determine the responsibility of the architect
in relation to the change order for the Central Public Library; seconded by
Mayor Pro Tem Best; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, 20 through
37.
Mayor Jones referred to item 22, improvements at South Guth Park, and asked
when the improvements would be in existence.
City Manager Martin stated that plans and specifications will be ready for
approval within 30 to 45 days.
Council Member Mendez stated that there had been discussion about obtaining
a grant from Texas Parks and Wildlife for Dr. Hector P. Garcia Park, and
Assistant City Manager Tom Utter stated that the staff is in the process of
determining what parks can be put in for funding and that the City will have
funds for matching grants, if the bond issue passes. He stated that the City
would like to have applications before Texas Parks and Wildlife every funding
cycle and that in the summer and fall of 1986 the City should be receiving
additional grants.
Council Member Slavik asked that the Council hear comments from Mrs.
Elizabeth Kirkland regarding permanent art at the new Corpus Christi Public
Library (Item 21).
Mrs. Kirkland, Chairperson of the Municipal Arts Commission, stated that a
selection process has been devised for permanent art in the library; the
selection committee consists of very qualified individuals to select art from
open competition; and all selections will be subject to Council approval. She
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Regular Council Meeting
December 31, 1985
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stated that the Commission feels that the quality of life and culture of a
community are reflected by the type of public buildings that a City has.
Mrs. Mary Bell, Chairperson of the Library Board, stated that she feels
very confident that the committee will do its best to find art that the general
public will approve.
Council Member Slavik referred to item 24, pertaining to the City and
County sharing equally in the costs to acquire 14 parcels of right-of-way at
various locations along Padre Island Drive for the freeway construction project
by the State Highway Department. She asked that a transparency be displayed,
and City Manager Martin stated that a map was included with the memorandum in
the agenda material pertaining to this item.
In response to a question from Mayor Pro Tem Best, City Manager Martin
stated that item 28, a landscape contract for the Airport, is more than just
landscaping; it is also a master plan; and the architect will be asked to do
design work to include the light standards.
Mayor Pro Tem Best inquired if the expansion of the Airport will be
considered when the landscaping is performed, and Mr. Martin replied in the
affirmative.
In response to a question from Mayor Jones, Mr. Martin stated that the plan
will include landscaping from the airfield to the entry gate, screening,
lighting, etc. He stated that portions of the plan can be implemented in
increments.
Council Member McComb suggested that the architect include xeriscape in the
plan.
Council Member Guerrero questioned item 29, the lease of a residence and
grazing land at 12930 Hearn Road.
Mr. Martin stated that this land and residence were purchased in 1981 for
possible expansion of the 0.N. Stevens Water Plant, and in order to create
revenue, the City leases the property.
City Manager Martin stated that item 26 appoints Ms. Adelaide Binstock as
Budget Director, and also authorizes the addition of the position of Assistant
Budget Director.
Council Member Mendez referred to item 30, speed limit reduction on
Saratoga Boulevard, and questioned the manner in which the speed limit on Violet
Road could be lowered, and Mr. Tom Stewart, Director of Transportation,
explained that since Violet Road is a state highway, the speed limit can only be
reduced 15 miles per hour below the stated speed which is determined by the
State.
In response to a question from Council Member McComb regarding a signal
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Regular Council Meeting
December 31, 1985
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intersection on Saratoga for school children, Mr. Stewart stated that when the
new school is built in the area, the crossing will not be needed.
Mayor Jones called for comments from the audience; there were none; City
Secretary Chapa polled the Council for their vote; and the following ordinances
passed:
20. ORDINANCE NO. 19128
APPROVING THE PURCHASE OF A COMPUTER SYSTEM FOR THE BAYFRONT PLAZA CONVENTION
CENTER FROM AT&T INFORMATION SYSTEMS; APPROPRIATING $9,529; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
21. ORDINANCE NO. 19129
APPROPRIATING $25,000 FROM THE LIBRARY TRUST FUND AND $25,000 FROM THE
PERMANENT ART TRUST FUND FOR THE PROVISION OF PERMANENT ART AT THE CORPUS
CHRISTI PUBLIC LIBRARY; AUTHORIZING THE EXECUTION OF AN APPLICATION TO THE TEXAS
COMMISSION ON THE ARTS FOR MATCHING FUNDS OF $20,000; AND APPROVING THE "ART IN
PUBLIC PLACES SELECTION PROCESS OVERVIEW" TO BE UTILIZED IN PLACING PERMANENT
ART IN THE LIBRARY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
22. ORDINANCE NO. 19130
APPROPRIATING $250,000 FROM PARK BOND FUND 291 FOR IMPROVEMENTS AT SOUTH BLUFF
PARK; AND DECLARING AN EMERGENCY.
23. ORDINANCE NO. 19131
AMENDING ORDINANCE NO. 19096, DATED NOVEMBER 19, 1985, GRANTING A REVISED
SPECIAL PERMIT FOR A VETERINARY CLINIC AND PET SHOP UPON APPLICATION OF JOHN
RICHARD MILLER, D.V.M., BY CORRECTING THE LEGAL DESCRIPTION; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
24. ORDINANCE NO. 19132
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES COUNTY FOR REIMBURSEMENT
TO THE CITY OF 50 PERCENT OF RIGHT-OF-WAY ACQUISITION COSTS FOR 14 PARCELS AT
VARIOUS LOCATIONS ALONG PADRE ISLAND DRIVE FROM WEST POINT ROAD TO NEAR HIGHWAY
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44 AND IN THE FLOUR BLUFF PORTION OF THE CITY FOR THE PROPOSED CONSTRUCTION OF A
FREEWAY SYSTEM BY THE STATE HIGHWAY DEPARTMENT; APPROPRIATING $145,000; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended, and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
25. ORDINANCE NO. 19133
AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED CONVEYING TO CITIZENS STATE BANK
OF CORPUS CHRISTI, AS TRUSTEE, LOT 1, BLOCK 3, WILKINS ACREAGE TRACTS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
26. RESOLUTION NO. 19134
CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER,
ARTICLE III, SECTION 3, OF ADELAIDE BINSTOCK AS BUDGET DIRECTOR; AND
ESTABLISHING THE POSITION OF ASSISTANT BUDGET DIRECTOR; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
27. ORDINANCE NO. 19135
AUTHORIZING THE EXECUTION OF A DEED DEDICATION TO THE STATE OF TEXAS FOR A
PARCEL OF LAND (STATE PARCEL 33) CONTAINING 2.01 ACRES FOR THE I.H. 37 HIGHWAY
IMPROVEMENTS PROJECT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
28. ORDINANCE NO. 19136
AUTHORIZING THE EXECUTION OF A CONTRACT WITH GEORGE S. POACHER LANDSCAPE
ARCHITECT, INC. FOR THE PREPARATION OF A LANDSCAPE S IRRIGATION MASTER PLAN AND
PREPARATION OF DESIGN PLANS AND SPECIFICATIONS FOR THE CORPUS CHRISTI INTERNA-
TIONAL AIRPORT; APPROPRIATING $39,500; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
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29. ORDINANCE NO. 19137
AUTHORIZING THE EXECUTION OF A RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR.
AND MRS. BOBBY KILLOUGH FOR A 26.93 ACRE TRACT OF LAND AT 12930 HEARN ROAD; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
30. ORDINANCE NO. 19138
AMENDING CHAPTER 53, TRAFFIC, SECTION V, INCREASE OF STATE SPEED LIMIT IN
CERTAIN ZONES; AS FOLLOWS: SARATOGA BOULEVARD (S.H. 357) All that portion
within the city limits -- 55 MPH -- At all times, except as follows: From Ayers
Street (S.H. 286) to a point 300 feet west of Weber Road (F.M. 43) -- 50 MPH --
At all times, from a point 300 feet west of Weber Road to a point 187 feet east
of Staples Street (city limits line) -- 45 MPH -- At all times, except when
school zone flashers indicating 30 MPH are displayed from a point 300 feet west
of West Shea Parkway to a point 250 feet east of Swansea Drive; PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
31. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND GREG VOISIN, TRUSTEE, FOR THE ANNEXATION OF APPROX-
IMATELY 6.4 ACRES OF LAND BEING A PORTION OF LOTS 4-8, SECTION 26, AND A PORTION
OF LOTS 25-30, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A
PORTION OF LOT 12, BLOCK 3, GREENFIELDS BY THE BAY UNIT 11, 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 Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
32. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND WOOD RIVER ASSOCIATES FOR THE ANNEXATION OF APPROX-
IMATELY 25 ACRES OF LAND BEING A PORTION OUT OF THE MARIANO L. De HERRERA GRANT,
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 Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
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33. THIRD READING - ORDINANCE NO. 19139
AUTHORIZING THE EXECUTION
CORPUS CHRISTI AREA, INC.,
The Ordinance was read for
Berlanga, Guerrero, McComb,
OF A LEASE AGREEMENT WITH THE CAMP FIRE COUNCIL OF
PERTAINING TO THE GUGENHEIM HOUSE.
the third time and passed as follows: Jones, Best,
Mendez, Pruet, Slavik, and Strong voting "aye."
34. THIRD READING - ORDINANCE NO. 19140
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE CORPUS CHRISTI REGIONAL
TRANSIT AUTHORITY COVERING THE EXISTING TRANSIT FACILITY FOR A THREE-YEAR TERM.
The Ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye."
35. THIRD READING - ORDINANCE NO. 19141
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI REGIONAL TRANSIT
AUTHORITY COVERING THE PROPOSED SITE FOR A NEW TRANSIT FACILITY AT THE CITY
SERVICE CENTER.
The Ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye."
36. THIRD READING - ORDINANCE NO. 19142
APPROVING THE ASSIGNMENT BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. TO THE
CREATIVE ARTS CENTER, INC., OF THE LEASE AGREEMENT PERTAINING TO THE LICHTEN-
STEIN HOUSE, AND APPROVING AN AMENDMENT TO THE LEASE AGREEMENT CONCERNING
UTILITY SERVICES.
The Ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye."
37. THIRD READING - ORDINANCE NO. 19143
AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE WITH THE CORPUS CHRISTI ART
FOUNDATION CONCERNING THE ART MUSEUM OF SOUTH TEXAS BUILDING.
The Ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye."
* * * * * * * * * * * * *
Mayor Jones called for consideration of the ordinance (38) approving
negotiated increases in contractual fees with Captain Boomer's Floating Barge
Restaurant.
Mayor Jones stated that Captain Boomer's was one of the most significant
things to happen on the bayfront; the revenue created is not limited to just the
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Regular Council Meeting
December 31, 1985
Page 14
downtown area; and he is delighted to see the increase in percentage of gross
receipt payments to the City comparable to those paid by others.
Council Member Slavik questioned the correlation between the Landmass, as
mentioned in the support memorandum, and Captain Boomer's, and questioned why
the percentage would be 2% lower if Captain Boomer's were to move to the
Landmass.
Assistant City Manager Utter stated that there are no plans to move Captain
Boomer's; however, there is some commonality of ownership interest in Captain
Boomer's and the Landmass. He stated that he felt it would be proper to address
this matter in this contract; the City needs to be paid if the restaurant moves
and also if it moves to the Landmass; if it does move to the Landmass, Captain
Boomer's would pay at least 1% for the first 5 years. He emphasized that there
are no plans for Captain Boomer's to move.
Council Member Slavik stated that if the restaurant did move, the City
should receive 3% for the first five years.
Mr. Utter stated that the area of the Landmass is specifically leased to
the developers, Bayfront Associates; they will not pay the City a percentage
during the first five years; and with the addition of the clause, if Captain
Boomer's should move to the landmass, the City would be insured of 1% of gross
receipts.
Council Member Slavik inquired if the owners felt this contract was more
equitable, and Mr. Utter stated that they did agree and did indicate that they
would sign a contract.
Council Member Guerrero stated that he was concerned that the bayfront
might possibly lose a restaurant if the fees are renegotiated.
Mr. Utter stated that extensive discussions were held with the owners of
Captain Boomer's, and that they knew the fees would be increased. He pointed
out that the percentage is still lower than that paid by the Wayward Lady.
Mayor Jones called for comments on item 38.
Mr. Bob Thorpe, representing Pleasure Pier Associates, Inc., stated that he
feels the amounts are high; $85,000 was spent in site improvements; therefore,
he does not anticipate moving Captain Boomer's to the Landmass; and he has no
objection to the penalty clause should they decide to move the restaurant. He
stated that Captain Boomer's has been a success for the City and for the
investors; the percentages are agreeable, but they would like for them to be
lower.
City Secretary Chapa polled the Council for their vote as follows:
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Regular Council Meeting
December 31, 1985
Page 15
38. FIRST READING
AUTHORIZING THE EXECUTION OF A LEASE MODIFICATION AND AMENDMENT TO THE LEASE
WITH PLEASURE PIER ASSOCIATES, INC. FOR THE OPERATION OF CAPTAIN BOOMER'S
RESTAURANT; AND PROVIDING FOR PUBLICATION.
The Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
* * * * * * * * * * * *
Mayor Jones announced the following public hearing:
39. Proposed change to the 1961 Master Drainage Plan pertaining to Channel No.
31 in an area one-half mile south of Saratoga Boulevard bounded by the Oso
Bay, Yorktown Boulevard, and South Staples Street.
Mr. Jerry Smith, Director of Engineering, displayed a transparency of the
area under consideration and stated that this item is directly related to the
motion that is also listed on the agenda. He stated that this amendment would
change the Master Plan in that all the area between South Staples, Yorktown,
Cimarron, and a half mile south of Saratoga would drain into Channel 31 into the
Cayo del Oso. They are also recommending a few minor drainage divide changes
along the north boundary line.
Mr. Smith stated that he would like to explain item 41 at this time, since
it is related to the Master Plan Amendment.
41. Approving an Offsite Drainage Development Contract with Mark Bratton,
Trustee, providing for the acquisition of right-of-way, excavation of
drainage Channel 1131, construction of related structures, and the
establishment of a pro rata acreage plan for the area served by Master Plan
Channel 1131. The agreement will also provide for the City collecting the
pro rata acreage fee upon platting, building permit issuance, or utility
service, and dispersing this pro rata acreage fee plus interest to the
Trustee.
Mr. Smith explained that an agreement providing for several actions to
occur has been prepared with Mr. Mark Bratton, Trustee for a group of property
owners, known as funding owners. This plan would provide for sharing the total
cost of the project among all owners within the drainage area; the funding
owners would provide funds to acquire the right-of-way for Channel 1131, excava-
tion of the channel, building of the bridge structures at Rodd Field Road and
Cimarron Boulevard, and perform all related work. He stated that the excavated
material would be used for embankment on the current South Padre Island Drive
construction project and the future SPID project through Flour Bluff. He
informed the Council that this agreement would place a fee on these tracts so
that when the tracts are platted, payment would be made to the City and the City
would transfer the money to the Trustee on behalf of the funding owners. He
stated that the funding owners are Mark Bratton, CCISD, and the Kaffies. He
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Regular Council Meeting
December 31, 1985
Page 16
informed the Council that the fee would be based on the cost of construction on
a per tract basis; the agreement is for 20 years or when all owners have paid
the fee; and this is very similar to the lot/acreage fee.
In response to a question from Council Member Mendez, Mr. Smith stated that
this is feasible because it is done at no cost to the City and it is simply a
mechanism to provide the property with drainage. He stated that the Trustee has
spoken with every property owner and essentially all agree that this is the best
approach. He stated that the property owners do not have the money at this time
to pay for the improvements.
In response to a question from Mayor Pro Tem Best, Mr. Smith stated that
under the agreement, the interest would be the lessor of 9.5%, or the latest
interest rate paid on the last bond sale, although if a property owner does not
plat within 20 years, he would be under no obligation.
Council Member Slavik inquired as to who initiated this project, and Mr.
Smith replied that Mr. Mark Bratton initiated this; the staff feels that it is a
very unique approach to solving some problems; and the drainage will enhance the
property.
Council Member Slavik clarified that this would not cost the City any
money, and Mr. Smith agreed.
Mayor Jones called for comments from the audience.
Mr. J. W. Gary, attorney representing CCISD, informed the Council that
$600,000 would be saved by performing the work at this time.
City Manager Martin stated that CCISD should be congratulated on this
project; it is a complicated project; but it provides a good opportunity.
Council Member Pruet stated that due to a conflict of interest, he has not
participated in any of the discussion of these two items, and he will abstain
from voting.
A motion was made by Council Member McComb that the hearing be closed;
seconded by Mayor Pro Tem Best; and passed as follows: Jones, Best, Berlanga,
Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet abstaining.
City Secretary Chapa polled the Council for their vote on the ordinance
amending the Master Drainage Plan as follows:
40. ORDINANCE NO. 19144
AMENDING THE 1961 MASTER PLAN FOR STORM DRAINAGE FOR THE AREA
ONE-HALF MILE SOUTH OF SARATOGA BOULEVARD AND BOUNDED BY THE OSO
BOULEVARD, AND SOUTH STAPLES STREET, RELATING TO PLATES 28, 32,
SAID PLAN BY MODIFYING THE DRAINAGE AREAS AND THE CHANNEL NUMBERS
AND DECLARING AN EMERGENCY.
APPROXIMATELY
BAY, YORKTOWN
33 AND 36 OF
31, 33 AND 27;
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
abstaining.
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Regular Council Meeting
December 31, 1985
Page 17
A motion was made by Council Member Mendez that item 41 be adopted as
follows:
41. Approving an Offsite Drainage Development Contract with Mark Bratton,
Trustee, providing for the acquisition of right—of—way, excavation of
drainage Channel 1131, construction of related structures, and the
establishment of a pro rata acreage plan for the area served by Master Plan
Channel 1/31. The agreement will also provide for the City collecting the
pro rata acreage fee upon platting, building permit issuance, or utility
service, and dispersing this pro rata acreage fee plus interest to the
Trustee.
The motion was seconded by Council Member Strong and passed as follows:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting
"aye"; Pruet abstaining.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience; there were none.
* * * * * * * * * * * * *
City Manager Martin stated that the Council had been provided with a copy
of the Comprehensive Annual Financial Report for the fiscal year ending July 31,
1985. He encouraged the Council to read the introductory letter from Director
of Finance, Juan Garza. He stated that also of importance is the opinion of the
auditors, Peat, Marwick, Mitchell & Co.
Mr. Ron Payne, Peat, Marwick, Mitchell & Co., stated that the auditing firm
received complete cooperation from the City staff; there is no weakness in the
internal controls of the City; and there are no material weaknesses within the
City.
* * * * * * * * * * * *
Mayor Jones stated that he would like to make a presentation to City
Manager Martin, as this is his last City Council meeting.
Mayor Jones then presented to Mr. Martin and his wife, Carol, a ceramic
statue of a seagull. Mayor Jones complimented Mr. Martin for all of his
accomplishments while in the employment of the City.
Mayor Pro Tem Best presented Mr. and Mrs. Martin with keys to the City.
City Manager Martin stated that it is important that the Council obtains
information relating to agenda items at the same time it is released to the
public; he hopes this procedure continues; the debate that takes place over
items occurs in open meeting; and he encouraged the Council to openly debate all
issues. He stated that he is confident in the leadership of Corpus Christi and
therefore, he will remain in the City. He encouraged the Council to continually
challenge the staff and also respect them.
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degular Council Meeting
December 31, 1985
Page 18
There being no further business to come before the Council; on motion by
Council Member McComb; seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 11:21 a.m., December 31, 1985.
/td
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of December
31, 1985, which were approved by the City Council on January 7, 1986.
WITNESSETH MY HAND AND SEAL, this the /22X day ofa`+ )
Air
Lut er !.nes, MAYOR
Armando Chapa City Secre ry
City of Corpus Christi, Texas