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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. linutes 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. 'inutes 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 [inutes 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. • . inutes Regular Council Meeting December 31, 1985 Page 5 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. tinutes 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. [inu t e s Regular Council Meeting December 31, 1985 Page 7 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 finutes Regular Council Meeting December 31, 1985 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 linutes Regular Council Meeting December 31, 1985 Page 9 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 linutes Regular Council Meeting December 31, 1985 Page 10 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 linut e s Regular Council Meeting December 31, 1985 Page 11 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." !inures Regular Council Meeting December 31, 1985 Page 12 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." linutes Regular Council Meeting December 31, 1985 Page 13 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 finutes 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: Qinutes 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 iinutes 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. .inut e s 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. inutes 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