HomeMy WebLinkAboutMinutes City Council - 08/25/1987MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 25, 1987
9:00 a.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
David Berlanga, Sr. City Manager Craig McDowell
Leo Guerrero * City Attorney Hal George
Frank Mendez City Secretary Armando Chapa
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Mayor Pro Tem Clif Moss who also led the Pledge
of Allegiance to the Flag of the United States.
A motion was made by Council Member Strong that the Minutes of the Regular
Council Meeting of August 18, 1987 be approved as presented; seconded by Council
Member Pruet and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner referred to the Board and Committee Appointments. The
following appointments were made by the Council:
6.
Cable Communications Commission Planning Commission
William Mays
Stanley G. Marshall, Jr.
Jake Sanchez
Donald Taft
Arnold Moreno
Sister City Committee Ambulance Advisory Council
Dorothy Garrett David Gray
Judy Haven
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Items 1 through
MICROFILMED
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Regular Council Meeting
August 25, 1987
Page 2
1. M87-0295
Approving a supply agreement for cast iron foundry items to McAllen Pipe
and Supply based on low bid for an estimated annual expenditure of
$57,667.55. The term of this agreement will be twelve months with option
to extend for an additional twelve months, subject to the approval of the
supplier and the City Manager or his designee. These items are used by the
Gas, Street, Wastewater, and Water Departments.
2. M87-0296
Approving a supply agreement for ductile iron and PVC pipe to Corpus
Christi Pipe and Supply based on low bid meeting specifications for an
estimated annual expenditure of $363,088.52. The term of this agreement
will be twelve months with an option to extend for an additional twelve
months, subject to the approval of the supplier and the City Manager or his
designee. These items are used by various departments.
3. M87-0297
Approving the purchase of 13 microcomputer systems for 13 member libraries
of the South Texas Library System from CSI Business Systems ($28,038.40),
NCR ($9,282), and Tandy (Radio Shack) ($4,543.24) based on low bid, low bid
meeting specifications and best bid for a total of $41,863.64. Funds were
appropriated in the 1986-87 LSA grant, contract 329.4. No City funds are
required.
4. M87-0298
Setting a hearing for September 8, 1987 to review the decision of the
Electrical Advisory Board to revoke the electrical journeyman's license of
David Solis dba Solis Electric Company.
5. M87-0299
Approving an agreement with Anton E. Jansky and Ruby M. Herpick, owners of
Lot 16B, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, which
defers construction of a portion of Roscher Road adjacent to the property,
subject to the owners depositing $8,700 with the City as the estimated cost
of the street construction.
6. M87-0300
Cancelling the agreement authorized by Motion 101186-0344 on July 29, 1986,
and approving a revised agreement with the developer of High Ridge Estates
Unit 1, Claude Chapman Construction Company, Inc., pertaining to the
construction of an approximate 90 -foot long section of McKenzie Road.
Mayor Pro Tem Moss pointed out that in• reference to Item No. 3, it is
irrelevant that the Council is voting on this; these are monies that we have no
control over; and they are not going to any city organization.
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Regular Council Meeting
August 25, 1987
Page 3
City Manager McDowell stated that the City is the recipient of the grant
and is making the purchase. He also noted that it did need to be put on the
agenda.
A motion was made
approved; seconded by
Member Guerrero absent
by Council Member Pruet that Consent Motions 1 thru 6 be
Council Member Strong; and passed unanimously. Council
at the time the vote was taken.
Mayor Turner called for consideration of Consent
and Ordinances from previous meetings, noting that Nos.
withdrawn for further discussion.
City Manager McDowell requested that Item No. 9 be
discussions with IBM.
were
No one spoke in regard to Items 7, 8, 13, 14 or 15.
Resolutions, Ordinances
10, 11, 12 and 15a are
withdrawn until further
City Secretary Chapa polled the Council for their votes and the following
passed:
7. ORDINANCE NO. 19934
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Shade
Chaparral Street - Chaparral Street, from Belden Street to Resaca Street;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
8. ORDINANCE NO. 19935
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET: Shade Chaparral Street -
Chaparral Street, from Belden Street to Resaca Street; DETERMINING THE
PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE
PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY
ROLL AT 2:00 P.M. ON SEPTEMBER 22, 1987, IN COUNCIL CHAMBERS, CITY HALL,
302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
Minutes
Regular Council Meeting
August 25, 1987
Page 4
9. Withdrawn
AUTRQRIBING-TILE - 41.1 ^vFeimr-9F- TF1B--FiIR'$-'$-GOMFDTBR-- c IDENG--SOFz.; -BY
BTIBISING-A-6F£BFAL-YRM-FINANGIN9-TBRN6-FOR-A-TOTAL-996T-9F-$888;859-OVER-A
FIVE-YEAR-PERI9B-
13. RESOLUTION NO. 19939
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 13 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING PROJECT; AND
APPROPRIATING $13,500.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
14. RESOLUTION NO. 19940
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 3 IN CONNECTION WITH THE UP RIVER ROAD STREET IMPROVEMENTS PROJECT;
AND APPROPRIATING $19,002.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
15. RESOLUTION NO. 19941
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCELS 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 FOR THE AQUARIUM LAND
ACQUISITION PROJECT AND TO ACQUIRE SAID PARCELS FROM THE OWNERS.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
* * * * * * * * * * * * * *
In reference to Item No. 10 regarding a contract with David M. Griffith and
Associates, Ltd. for the cost recovery program for the City of Corpus Christi,
Council Member Pruet inquired if it had been determined if there was a local
company who could provide this type of service. He also stated that he had
contacted three cities that have used this service before, and they verified
that the percent of implementation was approximately the same as listed in the
report presented to the council. He also stated that for $65,000 the company
states that the City can raise revenue if they raise user fees, and he wondered
if in all cases raising the user fees is the solution. He further stated that
he is trying to determine direction as a City in regard to services to deliver,
and how those resources can be managed efficiently to deliver those services.
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Regular Council Meeting
August 25, 1987
Page 5
City Manager McDowell replied that the aim of the Staff is to identify our
cost containment program; what it actually costs the City to provide all these
different services; determining the amount of subsidy that goes into that; and
what it would cost if they were self-supporting. He further stated that the
company would analyze our cost of operation in all areas; what subsidy, if any,
is being provided to that operation; and then gives a figure of what it would
cost on a full recovery basis, or to have that operation self-sufficient. He
continued by stating that the information is then given to the City Council to
be studied as part of the budget as we go into next year on appropriately
raising fees possibly in certain areas, or making the decision that we want to
subsidize an operation.
Mr. McDowell stated that the Staff could probably do this with overtime,
but they do not have the Staff available at this particular time, nor could they
do it in the time frame that the Griffith Company could. He continued by
stating that the Griffith Company has been working with the City for a number of
years, have developed our cost allocation plan, and are familiar with our
operations.
Mayor Turner stated that this is a very significant fee; if this company
has been working with the City and their principal charge is cost containment,
and they are going to consider our user fee structure, that particular fee
should be substantially reduced.
* Council Member Guerrero arrived at the meeting at 9:45 a.m.
Mayor Pro Tem Moss stated that he subscribes very much to this theory. He
stated that he noticed one of the users is the City of Corpus Christi, and he
inquired what the success has been in the past and what the City Manager thought
of it.
Mr. McDowell stated they do the cost allocation plan for the City at the
present time and that Staff is very pleased with the work they have done.
Mayor Pro Tem Moss inquired if the software is not in-house and Mr.
McDowell replied in the affirmative.
Council Member Rhodes pointed out that this type of program just recommends
where the City can increase these user fees, and if the Council is not willing
to increase user fees, it would just be wasting $65,000. She inquired if we
have the legal staff to do the necessary checking.
Mr. McDowell replied in the affirmative. He also noted that it will be a
six-month time frame to get it all finalized.
Mrs. Rhodes expressed concern about the Griffith Company noting that they
state they are not responsible that the recommendations they make are legal, and
also they are not going to deal at all with the enterprise funds because that is
Minutes
Regular Council Meeting
August 25, 1987
Page 6
out of their scope. Mr. McDowell stated that could be included, but the City's
problem is in the General Fund.
Mrs. Rhodes referred to the Lotus 123 needed to utilize the system and
inquired if the City had that, and Mr. McDowell replied in the affirmative.
In answer to a question from the Mayor, Daniel Hobbs, Management and Budget
Director, replied that by signing the contract with the Griffith Company, the
City has access to their softwear program; we will get the whole package, their
services and the softwklar'. He noted that Staff has not had any discussion about
separating the softwear from their services.
Mr. McDowell stated that Mr. Hobbs does not have the Staff to do it in a
timely fashion, with or without the softwear. He also noted that Griffith Co.
will get it done in a timely fashion, and the City will benefit from their
expertise.
Mayor Turner expressed concern about the cost and stated that for half the
money we could contract with a local CPA.
Mr. McDowell noted that he did not think we could save money by contracting
with a local CPA using the softwear. Be stated that the report they are going
to give us when they are thru will tell us how much it costs the City to provide
all these services, how much we are subsidizing all of those services, plus what
fee should be charged to have them on a full cost recovery basis.
Council Member Strong also expressed concern regarding the cost. She noted
that presently we do not have any figures that break down and tell how much it
costs to run certain programs; if we knew the cost of the program, then we could
look at a fee scale adjustment that would make these programs almost like
enterprise funds, and they would pay for themselves. She pointed out that is
data that we do not have available; having the availability to pull that data in
will give us a clearer picture as to where we are going in the next several
years with some of the programs where fees could be increased.
Mrs. Strong continued by pointing out that the payment is contingent upon
their finding at least ten times as much revenue enhancement as they are paid.
Council Member Slavik stated that she thought it was time to do this kind
of thing and that it is a good report. She inquired if there was any accounting
firm in the City that could do this type of work, and Mr. McDowell replied
probably one of the large accounting firms would have the capability to do this
type of work, but the Griffith Company is recognized nationally as the company
that has the expertise in this particular area. He noted that this company
specializes in cost recovery; other firms have different specialities; and Staff
believes this company is the firm that could do the work the cheapest and the
quickest.
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Regular Council Meeting
August 25, 1987
Page 7
Mayor Pro Tem Moss reiterated that he endorses the program at this time,
but expressed concern that if we do it once, why Staff could not do it in the
future, and Mr. McDowell replied we should be able to maintain it. He stated
that we are purchasing the mechanics to do it; they are coming in and doing it;
they leave us with the product; and they also leave us with the understanding
and the instructions on how to continue to do it.
Council Member Rhodes reiterated that this is all contingent upon the
Council making the political decision to raise the user fees which they do not
seem to be able to do. She stated that she thought it is going to make the
situation worse to have an out-of-town firm recommending increases that we need
to make in this City, and that it is going to make it even harder for them to
make those decisions as a Council on a local level.
Mayor Pro Tem Moss noted that he thinks that is the contrary, and that
having the facts they present to us will make political decisions easier.
Council Member Mendez concurred with Mr. Moss and noted that the Council
still needs to discuss the issue of enterprise funds at another meeting. He
stated that we need to be in a position to have the information to make the
decisions that are going to have to be made next year; by having this in hand,
we can do that; and that it will give the City Manager the ability to make the
decisions in reorganizing the City structure as to where cost savings can be
effected.
Discussion followed and City Manager McDowell stated this is a contract for
$65,000 for a study on the cost distribution at this point and time; and whether
we use them again or not is a matter to be discussed at another time. He also
noted that they leave us with the materials so that if we choose to do so, we
can continue it on our own.
In answer to a question from the Mayor on why they are not including
enterprise funds, Mr. McDowell stated Staff asked them not to include the
enterprise funds because they felt the problem was in the general fund. He
noted that enterprise funds are really rate studies that relate to the
appropriate rate to charge to recover the cost of operation.
Mr. Harrison Reed, representative of David M. Griffith and Associates,
Ltd., presented a short presentation to the Council on the program. He noted
that his company does water and sewer rate studies as well, but that the fee
would be much higher because they require engineering input, as well as cost
analysis. He noted that they are a national firm; they are dedicated
exclusively to providing services to the public sector; they are recognized as a
leader in the area of cost allocation and in the area of user fee studies. He
also noted that they have worked with the City of Corpus Christi for the past
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Regular Council Meeting
August 25, 1987
Page 8
five years. Mr. Reed presented examples of what his company does and what their
approach would be. He pointed out that they have never had a client that did
not implement at least ten times the amount of their fee in increases. He noted
that the political decision to increase those fees will be the Council
responsibility.
Mr. Reed gave the objective of the study which is to provide cost data to
use as a basis for establishing or changing user fees. He noted that the bottom
line is to help the Council make better decisions by knowing what the costs are
and what kind of policies that they want to have with respect to subsidization
of certain activities.
Mr. Reed noted that his Staff does all the work; at the end of the
engagement they will have trained the Staff in the Budget Department on how to
approach doing the cost analysis; and that they will turn over the softwear that
will allow the system to do the work in the future.
More discussion followed and in answer to a question from the Mayor, Mr.
Reed noted that his company is doing the indirect cost allocation plan for the
City. He stated that the fee is approximately $15,000, and that the City has
received approximately $400,000 as a result of that work.
In answer to a question from Council Member Pruet, Mr. Reed stated that
they go into the departments and do a detailed cost analysis of the specific
services that they are delivering.
In answer to another question from Mr. Pruet, Mr. Reed noted that they
analyze the total cost of providing that service; they compare that total cost
to the revenue for that service; they take it a step further and calculate the
unit cost; and then show what the full cost fee should be.
In answer to a question from the Mayor, Mr. McDowell stated the
Productivity Trust Fund has been set aside to handle those things where we have
areas than can produce productivity force and the Staff feels we need to make an
investment. He stated it is used to do things that will hopefully return
productivity increases to the City.
In answer to a question from the Mayor on how the funds will be replaced,
Mr. McDowell replied that the decisions will be made each fiscal year.
Mayor Pro Tem Moss suggested we approve this with the stipulation that Mr.
McDowell get the staff trained to implement this using the same softwear in the
future.
Council Member Slavik inquired how much is left in the Productivity Fund,
and Mr. Hobbs replied over $150,000.
Mr. Vernon Shirley, 2621 Meadowood, stated that any business should know
what their overhead is and what the cost of their operation is or
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Regular Council Meeting
August 25, 1987
Page 9
else they would go broke. He expressed concern about $65,000 to investigtate
City departments and stated that the City Manager and his assistants should be
able to give the Council all of the information without hiring people.
Mr. Charles Blum, Chairman of Parks and Recreation, stated that they went
through this a couple of years ago and found it very successful. He stated that
the golfers in this community represent five percent of the citizens and
questioned why the other 95 percent shoulld pay for the five percent. He noted
that we want the quality life and everyone should support their projects
equally.
In answer to a question from Council Member Berlanga, Mr. McDowell stated
this will provide the cost of operations, and that it is not intended for
privatization per se, but will give us some base data as we look at the outside.
In reference to Item No. 11, regarding the Gabe Lozano, Sr. and Oso Golf
Course Improvements, the Mayor inquired about the low bidder, and Mr. Victor
Medina, Engineering Services Director, replied that Johnson Golf Course
Construction, Inc. was the low bidder on the combined projects.
In answer to a question from the Mayor, City Manager McDowell replied that
we are awarding this one contract, and hopefully, by February we will also be
able to include additional improvements for the Oso with the additional dollars
that will become available from bonds. He stated that this is bond money and
the Staff will talk to the contractor about an extension.
In answer to a question from Council Member Berlanga, Mr. Medina stated
that Johnson Golf Course Construction, Inc. is not a local company, and they are
aware of our hiring policies and of what the City expects.
In reference to Item No. 15a regarding the Classification and Compensation
Plan, City Manager McDowell pointed out that the ordinance reads 180 days, not
180 working days, and it relates to non -police and fire employees.
No one spoke in reference to the above items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
10. RESOLUTION NO. 19936
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DAVID M. GRIFFITH &
ASSOCIATES, LTD. FOR EXECUTING A COMPREHENSIVE COST RECOVERY PROGRAM FOR
THE CITY OF CORPUS CHRISTI; AND APPROPRIATING $65,000.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Pruet, Slavik and Strong voting, "Aye"; Rhodes voting,
"No"; Mendez absent at the time the vote was taken.
Minutes
Regular Council Meeting
August 25, 1987
Page 10
11. RESOLUTION NO. 19937
AUTHORIZING THE EXECUTION OF A CONTRACT WITH JOHNSON GOLF COURSE
CONSTRUCTION, INC. FOR IMPROVEMENTS TO THE OSO AND GABE LOZANO, SR. GOLF
COURSES; AUTHORIZING DEDUCTIVE CHANGE ORDER NO. 1 IN THE AMOUNT OF
$44,220.00 FOR A NET CONTRACT AWARD OF $826,681.42; APPROPRIATING
$870,901.42.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik
and Strong voting, "Aye"; Mendez absent at the time the vote was taken.
12. RESOLUTION NO. 19938
AMENDING RESOLUTION 18545 WHICH ESTABLISHED A FORMAL POLICY FOR NAMING
PARKS AND RECREATIONAL FACILITIES BY ENCOURAGING THE NAMING OF NEW PARK OR
PARK FACILITIES RATHER THAN RENAMING ESTABLISHED PARKS.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Mendez
absent at the time the vote was taken.
15a. ORDINANCE NO. 19942
AMENDING ORDINANCE 17728, AS AMENDED, THE COMPENSATION AND CLASSIFICATION
PLAN, BY AMENDING SECTION 952.3, SO AS TO AUTHORIZE PAYMENT OF ACCRUED SICK
LEAVE NOT TO EXCEED 180 DAYS IN CONNECTION WITH AN EARLY RETIREMENT
PROGRAM, IN THE CITY MANAGER'S DISCRETION; PROVIDING A DEADLINE; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik
and Strong voting, "Aye"; Mendez absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner then called for consideration of Items Nos. 16 thru 24, noting
that Nos. 17, 20 and 23 are withheld for further discussion.
No one spoke in regard to the above items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
16. FIRST READING
AUTHORIZING A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR FIVE
YEARS IN BOTSFORD PARK FOR USE AS A RECREATIONAL AREA.
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Regular Council Meeting
August 25, 1987
Page 11
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Mendez absent at the time the vote was taken.
18. SECOND READING
AMENDING THE LANDMARK PRESERVATION PLAN BY ADDING A NEW CHAPTER VII
ENTITLED, HISTORIC OVERLAY REGULATIONS.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Mendez absent at the time the vote was taken.
19. ORDINANCE NO. 19943
AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-28, LIMITS OF PERMISSIBLE
CONFINEMENT OF PERSONS CONVICTED, TO PROVIDE FOR A WORK RELEASE PROGRAM FOR
INDIGENTS ADJUDGED GUILTY IN MUNICIPAL COURT AT THE REQUEST OR UPON ORDER
BY THE JUDGE; DESCRIBING SUCH WORK RELEASE PROGRAM; PROVIDING FOR
IMPRISONMENT IN LIEU THEREOF; PROVIDING FOR CREDIT AGAINST THE FINE AT A
REASONABLE RATE; EXEMPTING PERSONS UNDER 18 YEARS OF AGE; AND PROVIDING
GUIDELINES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Mendez absent at the time the vote was taken.
21. ORDINANCE NO. 19944
AMENDING CHAPTER IV, ENTITLED IDENTIFICATION AND INVENTORY, OF THE
PRESERVATION PLAN ADOPTED PURSUANT TO SECTION 28A-6 OF THE ZONING ORDINANCE
OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Mendez absent at the time the vote was taken.
22. ORDINANCE NO. 19945
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND ENCINO-CIMARRON, A TEXAS GENERAL
PARTNERSHIP, AND ENCINO-CIMARRON 62 LTD., A TEXAS LIMITED PARTNERSHIP, FOR
THE ANNEXATION OF APPROXIMATELY 26,593 SQUARE FEET OF LAND OUT OF LOT 8,
SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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; AND PROVIDING FOR SEVERABILITY.
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Regular Council Meeting
August 25, 1987
Page 12
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Mendez absent at the time the vote was taken.
24. ORDINANCE NO. 19947
AMENDING ORDINANCE NO. 4168 OF THE CITY OF CORPUS CHRISTI, AS AMENDED,
ADOPTED MARCH 23, 1955, AND DESIGNATED AS THE PLATTING ORDINANCE, PROVIDING
AUTHORITY FOR THE CITY MANAGER TO APPEAL DECISIONS OF THE PLANNING
COMMISSION TO THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting,
"Aye"; Mendez absent at the time the vote was taken.
* * * * * * * * * * * * *
In reference to Item No. 17 regarding the residency policy for City
employees, Council Member Berlanga stated that he is against amending the City
Code to allow people to live sixty minutes away from the City. He stated that
he did not think it was fair; there will be a lot of people who will move out of
the City if this Ordinance is passed; employees are paid with tax money; and
they should be part of the City. He inquired if the state statute requires
this, or if the City can have its own Ordinance to control that.
City Manager McDowell stated that the state legislature passed a law this
year to strike down all residency requirements, but did allow the cities to
enact reasonable guidelines. He stated that the Staff feels that a one-hour
travel time is a reasonable restriction.
Mr. Berlanga expressed concern and reiterated that every City employee
needs to live in the City; that has been the policy in the past, although some
exceptions have been made by special permission from the City Manager. He
stated that there should be a way to control that and require that all employees
live in the City limits. He then made a motion that we find some way to amend
this Ordinance or this state statute, or find some way that we can have a
control on it, with the exception of those granted special permission.
Mayor Turner suggested rather than a motion that it be referred to the City
Attorney for comment.
Mr. Hal George, City Attorney, stated that there are three basic options:
1. Not do anything and wait until the next session of state legislature and
attempt to have the law repealed; 2. Not to pass this Ordinance; to leave it as
it is; instruct the City Manager to vigorously enforce it; and allow the Legal
Department to defend a lawsuit brought challenging our policy which is not in
compliance with state law; or 3. The City to file a lawsuit challenging the
validity of the state statute.
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Regular Council Meeting
August 25, 1987
Page 13
Council Member Mendez stated that the Council should accept the fact that
the law was passed by the state legislature. He stated that it is necessary to
set a policy that would be fair to both employees and the City, as long as in an
emergency they could get to City Hall in time. He stated that he thought it was
fair and that the law was not passed to encourage hiring people outside the
City.
Council Member Guerrero stated that part of the responsibility of being a
City employee is to be responsible to the City and to this community, and to not
say that there is a responsibility for those people to live within the City
limits, especially in an area that is subject to disaster situations, is not
really responsible on our part. He concurred with Council Member Berlanga and
stated that we should enforce it whether we are in compliance or not with the
state law. He stated that if they work for the City of Corpus Christi, they
need to be responsible for the City and its citizens, and that should be a part
of the employment process that they live in the City.
Mr. McDowell replied that we are trying to be in compliance with the state
law; we will probably have a lawsuit if the City continues to require employees
to reside in the City limits, but if that is the desire of the Council, he is
sure Mr. George will defend it to the best of his ability.
Council Member Rhodes stated that she thought the Council should pass the
Ordinance and make the City in compliance with the state law, and that the
Council should work thru the legislature if they want to change it.
Council Member Slavik expressed concern about the Ordinance and inquired of
Mr. George what his opinion on this would be as far as having to defend it, and
Mr. George said it would take time and that the City of Corpus Christi actively
lobbied against this bill and was not successful. He pointed out that there is
an exception for officials; that it does not apply to Council Members or
high-ranking officials; and this is just for other employees.
Council Member Guerrero stated that he was at the hearings and largely the
people referred to are police officers and firefighters who live outside the
City limits, who thru union efforts were lobbying to get this changed. He
stated that of all people that live in the City limits, it should be
firefighters and police officers.
Council Member Strong agreed with Council Members Berlanga and Guerrero and
stated that anybody in another City could apply here for a job in the City and
be paid with taxpayers' money and not put one penny back into the City. She
expressed the opinion that she thought it was wrong, and made reference to our
disaster response if we have a problem and need all personnel. She stated that
we should keep the Ordinance the way it is and let it be challenged.
In answer to a question from Council Member Mendez, Mr. McDowell replied
that there are probably less than fifty employees who are residing outside the
area, mostly people in the Fire Department.
Minutes
Regular Council Meeting
August 25, 1987
Page 14
Council Member Pruet expressed concern that the Council would knowingly put
the City in a position that can be challenged and probably defeated to the
City's detriment. He stated that they should not go against the state law.
Discussion followed and City Manager McDowell stated that individual cities
can set reasonable restrictions for emergency response; Staff feels sixty
minutes is a responsible period of time.
City Attorney George stated that he would go into closed session with the
Council and explain the strategy and chances of winning a lawsuit. He then
recommended that they pass this Ordinance.
In reference to Item No. 20 regarding the reorganization of Cable TV
franchise ownership, Council Member Berlanga noted that he had brought several
complaints about the cablevision company to the Staff and inquired if the cable
company had made any effort to satisfy the complaints. He stated that they do
not have open lines for either the office or maintenance service. He asked for
a status report regarding this and inquired about the contract.
City Manager McDowell stated that the franchise does require them to
maintain a service line. He noted that Mr. Berlanga has brought numerous
complaints and they have been investigated by Mr. P. C. Gracia of the Utility
Office; Staff has done surveys; and that it also has been a concern of the Cable
Commission. He stated that maybe this is an opportunity to get the principals
to communicate directly with the Council on this problem because it has not been
corrected.
Council Member Pruet concurred with Mr. Berlanga and implied that we should
hold up on the third reading of the Ordinance and ask the cable representatives
to come before the Council.
A motion was made by Council Member Berlanga to postpone Item No. 20 until
the cablevision company comes before the Council and answers some of the
questions. The motion was seconded by Council Member Pruet.
It was the consensus of the Council to withdraw Item No. 20.
In reference to Item No. 23 regarding proposed amendments to Articles 3,
7A, and 29 of the Zoning Ordinance, Council Member Rhodes asked for
clarification if this is the exact sign reading minus the portable sign clause.
Assistant City Manager Elizondo stated that this is separate and does not
address the portable signs.
Minutes
Regular Council Meeting
August 25, 1987
Page 15
No one spoke in regard to this item.
City Secretary Chapa called the roll and the following were passed:
17. FIRST READING
AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, BY ADDING A
SECTION 39-18, RESIDENCY OF OFFICERS AND EMPLOYEES: PROVIDING FOR
SEVERANCE.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye";
Guerrero voting, "No"; Berlanga absent at the time the vote was taken.
20. Withdrawn
GONGFNTING-TA-i'i4E-ASSIGNMENT—Of- THE -GAIR,Fr TELEV-fSFet$-F&ANGIII&E-FRO14-ATHENA
AASHEVIS+ON-9F-9944FHB-GRRISTIT-PI9--TO-TG-AABhI38�&AGN-AF-TFXAST-INGv
23. ORDINANCE NO. 19946
AMENDING ARTICLES 3, 7A, and 29 OF THE ZONING ORDINANCE BY DELETING,
SUBSTITUTING, AND RENUMBERING PROVISIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its third reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye";
Guerrero voting, "No"; Berlanga absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner then called for consideration of Item N on the agenda which
consists of three items.
1. Mr. Victor Medina, Engineering Services Director, briefed the Council
on the Principal Arterial Street System (PASS) Program. He stated that the
hearing will be on Monday, August 31, 1987, at 10:00 a.m. in Austin. He stated
that the Mayor will be given prepared statements stating that the City is in
need of financial assistance to do a lot of their present projects that are in
the bond program that we do not have proper financing to do, and that the City
would like their participation and help.
City Manager McDowell stated that this is a new program and he thought it
was important that the Council show support and have a good representation.
Mr. Medina stated that this PASS Program can provide the City with about
$2.5 to $3 million per year of funding for additional street improvement
projects on major arterial streets in the City of Corpus Christi.
4inutes
Regular Council Meeting
August 25, 1987
Page 16
2. Council Member Rhodes spoke in regard to the City Council travel policy
that was prepared by her and Council Member Guerrero. She stated that it is
extremely lenient and deals with the economic fact that there is little money.
She further stated that it will be up to the Council to stay within their
budget. She also stated that she and Mr. Guerrero did not agree on the spouse
issue and will let the Council Members vote on the issue, noting that she
thought the travel budget was too small to include spouses.
Council Member Guerrero stated that they did limit the overall expenditures
in Council travel and dealt with the issue of not having a travel policy and to
let each Council Member make their own decision about where they are going to
go. He stated that the issue of the spouses' expenses will be up to each
Council Member, but the bottom line is there is only a certain amount of money
for each Council Member.
Mrs. Rhodes pointed out that if the Council voted to include spouses, it
would have to come out of their allotted budget, and that the Council will have
to stay within the budget. She stated she was against allowing spouse expenses.
Council Member Berlanga stated that he believes the spouses should have
their expenses paid the same as the Council Members because they perform a lot
of the work and it is a good image when traveling.
Mr. Guerrero then made a motion to equally divide among eight Council
Members the operational travel line item, which is $33,610 for Fiscal Year
1987-88; each Council Member will determine the necessity for and benefits to be
derived from travel or business related charges such as luncheon/banquet
charges, subscriptions to periodicals/publications and individual membership
dues to associations, leagues, etc. that will benefit the Member in conduct of
City business and business related meeting expenses. The motion was seconded by
Council Member Pruet and passed; Rhodes was the only Council Member voting "No."
(M87-0302)
3. The Council went into closed session at 11:39 a.m. to discuss
litigation pursuant to Article 6252-17 V.A.C.S.
* * * * * * * * * * * * * *
The Mayor reconvened the Council Meeting at 12:05 p.m. Council Member
Mendez made a motion granting the appeal of Juan T. Martinez and rescinding the
decision of the Civil Service Board in connection with his two-day suspension
and directing the City to reimburse Mr. Martinez for two days' pay. The motion
was seconded by David Berlanga and passed unanimously. (M87-0303)
The meeting was recessed at 12:06 p.m.
* * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m.
1inutes
Regular Council Meeting
August 25, 1987
Page 17
Mayor Turner then recognized Mr. Bill Lukens, Superintendent of the
National Park Service, serving on the National Seashore on Padre Island and read
and presented a proclamation on the occasion of his retirement.
Mr. Lukens expressed appreciation to the City Council and the people in the
area who have worked with him.
Expressing appreciation for the cooperative service of Mr. Lukens were
Council Members Strong and Pruet.
Mayor Turner then read a Resolution in honor of Mr. Hayden W. Head, Sr.
The Resolution confirmed the renaming of the Airport Terminal to Hayden W. Head,
Sr. Terminal, as recommended by the Airport Board.
Mayor Turner presented the Resolution to Judge Hayden Head, Jr. who
explained that his father loved this City, he loved to fly, and he would be very
pleased that the Airport Terminal was named for him.
Mayor Turner then appointed the following Committee to be responsible for
raising funds for the expenses of the memorial and the changing of signs at
Corpus Christi International Airport: Chairman Barry Andrews, Dr. Hector C.
Garcia, the Reverend Elliott Grant, G. Robert Welch, and George Hext.
Mr. Lukens then introduced Mr. Max Hancock who will serve as Acting
Superintendent of the National Park Service on Padre Island.
* * * * * * * * * * * * * * *
Mayor Turner announced bid openings on three engineering projects.
Mr. Victor Medina, Director of Engineering, opened bids on improvements to
Crestmont, Pebble, Temple, Haven, and Winrock Parks from the following firms:
Casey and Glass, Inc.; Cavazos General Contractors; Coleman -Roth Construction,
Inc.; Netek Construction Company; and B. E. Beecroft Company.
Mr. Medina opened bids on the Expansion of Lindale Recreation Center, West
Guth Swimming Pool and Price Softball Field from the following companies:
Bracco Construction Company; Coleman -Roth Construction; Moorehouse Construction
Company; and Stefek Construction Company.
Mr. Medina opened bids on the last project, Price Field Press Field
Demolition, from the following firms: Environmental Insulation Services;
Little -Tex Insulation Company, Inc.; and Stefek Construction Company.
Mr. Medina confirmed that all the companies submitting bids had submitted
the required bid security bond with the exception of Little -Tex Insulation
Company, Inc. and that all of them had acknowledged receipt of the addenda on
the projects.
Minutes
Regular Council Meeting
August 25, 1987
Page 18
Mayor Turner expressed appreciation
to the firms that had submitted bids.
Mayor Turner then administered the oath to Josh Taft, youth appointee to
the Human Relations Commission.
* * * * * * * * * * * * * * * *
Mayor Turner then announced the public hearing on the proposed tax rate for
fiscal year 1987-88.
City Manager McDowell stated that the present tax rate is 56.5Q for $100 of
valuation, but based on the Council action the preceding week to move forward on
the sale of $8 Million in bonds during this fiscal year which would necessitate
a tax increase of 1.5C, the effective has been computed to include that
increase. He stated that the tax rate for fiscal year 1987-88 will therefore be
58c per $100 valuation.
Mr. McDowell continued by stating that the Bond Committee will have
specific recommendations on the projects in September and the bonds will be sold
in either December or January.
Mr. McDowell explained that the tax rate of 58C per $100 of valuation would
generate a tax levy of $37,088,184 which is actually a decrease of 2.5% compared
to last year's tax levy of $38,040,642. He stated that .16161 per $100
valuation is the levy that will support debt service and .41839 per $100 of
valuation is the amount that will support the City's maintenance and operations.
In response to a question from Council Member Slavik, City Manager McDowell
and Debra J. Andrews, Director of Finance, explained the calculation of the
effective tax rate, noting that it is well within the allowable 3% increase and
it will not be necessary to conduct a public hearing on the effective tax rate.
Mayor Turner ascertained that no one in the audience wished to speak in
regard to the tax rate.
A motion was made by Council Member Strong that the
seconded by Council Member Pruet and passed unanimously.
City Secretary polled the Council for the
was passed:
hearing be closed,
vote and the following Ordinance
ORDINANCE NO. 19948
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF
CORPUS CHRISTI, TEXAS, FOR THE YEAR 1987 AND FOR EACH SUCCEEDING YEAR
THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS
THE SAME MAY BE APPLICABLE; PROVIDING FOR EARLY DISCOUNT PAYMENTS;
PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
August 25, 1987
Page 19
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Mendez, Moss, Pruet, Rhodes, Strong,
voting "Aye"; Slavik voting "No"; Guerrero absent at the time the vote was
taken.
* * * * * * * * * * * * * * * *
Mayor Turner announced the hearing of the appeal of the decision of the
Building Standards Board relating to the old Nueces County Courthouse, 1111 N.
Mesquite, owned by S. Charles Bennett, III.
City Attorney Hal George explained that the matter to be considered is an
appeal of the decision of the Building Standards Board which required that the
owner of the property known as the old Nueces County Courthouse be required to
obtain permits within 120 days to bring the building up to City Code, or for
demolition, following which he will have one year to complete actual work on the
building.
Mr. George explained that the concern about the courthouse began in 1981
and he referred to letters, etc. presented to the City Council which shows the
long process that has occurred in connection with the old Nueces County
Courthouse. He stated that the building is not in compliance with any of the
City Codes including building, electrical, and plumbing codes; there are major
violations of the codes; and some action needs to be taken to correct the
situation. He stated that Mr. Bennet, the owner, will probably testify that the
structural condition of the building is sound, and this is not the matter to be
addressed at this time; but basically the matter to be considered is the failure
of the owner to repair and maintain the building; there is a failure on the part
of the lender in that Mr. Bennett has not complied with the negative covenants
included in the Deed of Trust and Security Agreement associated with the sale of
the property; and there has been a failure on the part of the State of Texas in
not carrying out their role in seeing that the owner brings the building up to
code. He summarized by stating that the City is just trying to require that the
owner bring the building up to code primarily for safety reasons; therefore,
staff recommends that the City Council deny the appeal of the property owner of
the ruling of the Building Standards Board.
Mr. Rudy Gonzalez, Director of Housing and Community Development,
introduced Mrs. Marcella Curry who is Chairman of the Building Standards Board.
Mr. Gonzalez continued by listing specific conditions which could have a
significant impact on the plans to rehabilitate the building for future
occupancy as follows:
1. Numerous areas where concrete has spalled and has fallen off support
columns, beams, and concrete floor and roof decking.
2. The stucco walls around plumbing chases, elevator shafts, and stairwells
are deteriorating beyond the point of repair.
Minutes
Regular Council Meeting
August 25, 1987
Page 20
3. The roof covering has deteriorated to the point where it is non-existent.
4. The exterior walls consist of a concrete main frame with structural clay
tile to fill in between the super structure followed by a brick veneer finish;
the metal brick ties which fasten the veneer to the clay tiles have rusted out
allowing the brick to fall off the walls; in conjunction with this situation is
the stone veneer which is coming loose along the top of the building due to
movement and mortar deterioration which possibly pose a threat of falling on
persons below.
5. An expansion crack exists between the original structure and a later
addition to the rear of the building indicating that there was no provision made
for an expansion joint at the time of construction.
6. Most of the conditions listed above have been allowed to accelerate because
the structure has not been made weather -tight because numerous windows are
broken or missing permitting corrosive climate to attack steel, mortar, plaster,
etc.
Mr. Gonzalez then displayed slides showing the condition of the courthouse
building and explained the obvious deteriorated conditions of the building. He
reminded the Council that when the courthouse was in use in 1976, there was a
cover around the building to prevent damage or injury to persons walking along
the outside of the courthouse. He then displayed a picture of a particular
section of the building taken in 1981 and of the same section in 1987 which
indicated that the building was in disrepair in 1981 and it has deteriorated
even more so as of this date.
Mr. Gonzalez presented photographs of the building and expressed the
opinion that the loose bricks all over the courthouse would create damage in the
event of a hurricane. Mr. Gonzalez then requested that the decision of. the
Building Standards Board be upheld and that the appeal be denied.
Council Member Berlanga recalled that the City Council has been concerned
about the courthouse problems since at least 1981; the City Council has granted
many time extensions to the owner, Mr. Charles Bennett; he has never done
anything to bring the building up to Code; and he was of the opinion that the
City Council should uphold the decision of the Building Standards Board.
Mr. George then requested that Mr. Gonzalez enumerate the specific Code
violations.
Mr. Gonzalez replied that the condition of the building is in violation of
Section 13-25 (3) (6) (7) of the City Code of Ordinances. He stated that there
are also violations of the Electrical and Plumbing Codes.
Also in response to a question from Mr. George, Mr. Gonzalez stated that
some transients have obviously been using the north side of the building as
shelter. He stated that the City Engineer, the Building Inspector, Property
Minutes
Regular Council Meeting
August 25, 1987
Page 21
Advisor, and the Director of Safety and Risk Management all indicate that the
building could pose a danger.
Mayor Turner then called on the owner of the building to speak.
Mr. S. Charles Bennett, III, La Concha Condominiums on Mustang Island,
stated that he cannot argue with the condition of the building but pointed out
that the deterioration is not new because that is the reason Nueces County
constructed a new courthouse. He agreed that there are Building Code violations
and he was of the opinion that the primary concern is the safety of the
building. He noted that the building is on an isolated piece of property away
from any pedestrian traffic and he would like to consider installing a safety
fence. He stated that there have not been any substantial breakins at the
building, and as long as the building can be made safe, he felt that the
building should be allowed to remain. He explained that to restore the building
would require several million dollars, and because of the current economic
situation, it is not feasible to bring it up to Code at this time. He continued
by stating that the Attorney General plans to fight the City on any proposed
demolition and this case will generate a lawsuit. He agreed that the public
should be protected but he would like to do this by construction of a fence
around the building.
Council Member Berlanga interjected that the owner of the property has done
nothing to bring it up to Code and he felt that the owner should have done
something to maintain he building.
Mr. Bennett disagreed, stating that the building started deteriorating long
before he purchased the property. He reiterated that he hopes to resolve the
safety issue but he could not address the entire problem at this time. He urged
that the historical integrity of the building be maintained and that it be
allowed to remain.
Council Member Slavik pointed out that the State Historical Commission
calls for the owner to repair, maintain and administer the premises of the
building until the year 2000. She stated that as a Council Member, she became
involved in this situation in 1983 and she did not believe that the State had
made any attempt to meet the terms of their agreement.
Mr. Bennett stated that approval of any plans to repair or renovate the
building must be approved by the State which requires a lengthy period of time.
He expressed the opinion that the building can be renovated, and it should be
allowed to remain. He agreed that all of the outside of the building including
the brick, the figures, and the entire facade must be removed before it can be
repaired.
Council Member Slavik stated that she believed that the City Council has
been very tolerant of this deteriorating building and she felt that the Council
should uphold the decision of the Building Standards Board because they cannot
continue to allow the owner to delay bringing it up to Code.
linutes
Regular Council Meeting
August 25, 1987
Page 22
Council Member Pruet stated that Mr. Bennett had mentioned the covenants
and inquired if he was aware that the building must be repaired and maintained,
and Mr. Bennett replied that he was aware of them. Mr. Pruet then stated that
he was of the opinion that the deteriorated condition of the building was the
reason he was able to purchase the property at such a low price, and Mr. Bennett
concurred with that statement. Mr. Pruet then stated that the problem that Mr.
Bennett faces is the economic market and a situation that exists were there is
no idea as to when this problem can be resolved. Mr. Bennett explained that
basically he thought that the safety issue can be resolved but complete
restoration of the building obviously cannot be done. He stated that he has not
been able to discuss any compromises with the staff but he feels that the safety
issue can be taken care of.
Mr. Pruet stated that as much as the Council would like to see
maintained and brought up to Code, he did not feel that they can
grant extensions to Mr. Bennett.
Mr. Bennett pointed out that this is one of the most
significant buildings left in Corpus Christi that could be put to a
the building
continue to
historically
viable use.
Council Member Strong informed the Council that she must depart for Austin
in a few minutes but she wanted to make her position clear on this. She stated
that although she was aware of the historical significance of the building, she
was elected by the people of this City to do certain things and she felt that
the building needs to be a safe one and that it was imperative that the windows,
doors, and other things must be replaced; the building needs to be made
weather -safe; a fence needs to erected around it; and she felt that the citizens
who feel that the building should be maintained should do what they can to
assist Mr. Bennett in this effort.
Council Member Mendez stated that he had been on the Council since 1983 and
he was of the opinion that the Council had been more than lenient with the owner
of the courthouse, but nothing has been done and he did not see any plans for
any future improvements. He questioned why the Historical Society has not done
anything, and because of this he felt that the only thing the Council can do is
to uphold the decision of the Building Standards Board.
Council Member Linda Strong departed the meeting at 3:45 p.m.
Mr. Cecil Burney stated that he is an advocate of the restoration of the
courthouse and expressed the opinion that the Council has already made up their
minds. He pointed out that the State Historical Commission feels that is is a
building that can be saved and the Attorney General thinks that is should be
saved. He suggested that this be discussed to avoid the necessity for
demolition.
1inutes
Regular Council Meeting
August 25, 1987
Page 23
City Attorney George stated that basically the Attorney General can require
a 60 -day notice of intent to do anything about an historical building; there is
an additional 30 -day period in which to accomplish this; and this time frame is
well within the 120 days granted by the Building Standards Board. He stated
that the threat of a lawsuit by the State is not a real threat.
Colonel "Tex" Buch stated that he is present to ask the City Council to
give some consideration, as suggested by Mr. Pruet, to any group that comes
forward to save the courthouse. He stated that there have been many offers but
none have provided any money; but there are groups of people who want to save
the building and they would like to discuss what can be done. He urged that a
cooperative effort be put forth to save the courthouse.
Council Member Pruet pointed out that somebody in the community, or someone
in the State Historical Society is going to have to do something or the building
will be demolished, because this has gone on for nine years and something has to
be done.
Colonel Buch then presented copies of suggestions to utilize tax credits
for the rehabilitation of the building.
Mr. Joshua Thomas, youth appointee to the Municipal Arts Commission, stated
that he has been involved with the courthouse for some time. He displayed and
explained slides of various interior portions of the building and their
historical significance and urged that the courthouse not be demolished because
it is a unique historical building that will provide a cultural reservoir for
the younger generation.
Mr. Jim Rome, Restoration Architect, 218 Chandler Lane, stated that he has
been in building restorations for many years and the condition of this building
is no different from that of any other structure that needs to be restored. He
stated that he too is disappointed that nothing has happened to preserve this
building, and if the courthouse is restored, it would provide a cultural
landmark. He too referred to the tax credits that are available for
rehabilitation of historical structures.
Mrs. Janet Rice, 118 Southern Street, referred to the Council retreat to
set goals at which time they expressed desire to promote enhancement of the
City. She pointed out that visitation of historical sites is one of the
priority attractions for visitors to cities and urged that the Council devise
some method of saving the courthouse. She suggested that a task force be
appointed to try to take advantage of obtaining funds for preservation of the
courthouse.
Council Member Pruet pointed out that this is a privately owned piece of
property, and the City might be able to do something if Mr. Bennett gave the
building to the City of Corpus Christi. He pointed out that the City does not
have the right to tell Mr. Bennett how to use his piece of property. He
expressed the opinion that there is a limitation since this is a privately owned
Minutes
Regular Council Meeting
August 25, 1987
Page 24
building to be developed for profit, and he doubted that any fund raising could
occur for a profit-making developer.
Mr. Bennett assured the Council that the courthouse could be purchased for
public use.
Council Member Mendez stated that the financial situation is such that the
City of Corpus Christi is very limited and they do not have funds for the
purchase of the building nor for the renovation of the building.
Mrs. Margaret Walberg, speaking as a Friend of the Courthouse, pointed out
that a facade easement has been successfully used in San Antonio and other
cities and explained that this is an agreement whereby a private developer will
grant a facade easement to a non-profit organization which could in turn obtain
grants. She inquired if some of the members of the audience might be allowed to
pursue this possibility with knowledgeable staff members and with Mr. Bennett.
Mr. Gonzalez inquired of Mrs. Walberg if this was the same facade agreement
that someone approached the County with many years ago on behalf of the Friends
of the Courthouse, and Mrs. Walberg replied that this idea has never been
pursued before.
Mr. Scott Johnson stated that he had moved here a short time ago to
establish an architectural practice. He referred to civic pride and expressed
the opinion that this City has a "can't do" attitude. He agreed that although
goals have not been met, he felt that the City should stabilize the building and
then assess the owner for the cost.
Mrs. Margaret Ramage stated that she has been involved in the Historical
Society for fourteen years. She then asked all of those in the audience laho
were in favor of saving the courthouse to stand and a majority of the audience
did so.
Mrs. Francis O'Neal suggested that the tax rate be increased in order to
purchase the courthouse building.
Mr. Ray J. Garcia, 314 Artesian, stated that he was in Rome, Italy a short
time ago and mentioned how very old the buildings there were and how interesting
they are. He expressed the opinion that this City should allow this one
building to remain.
Mrs. Elaine Richardson noted that most of the Council Members seemed to be
in favor of preserving the courthouse and urged that they delay a decision in an
effort to save the building.
Mayor Turner pointed out that the only decision the Council is required to
make at this time is whether or not to uphold the decision of the Building
Standards Board to require that the building be brought up to Code.
4inutes
Regular Council Meeting
August 25, 1987
Page 25
Mr. Richard Gonzalez stated that he has met with Mr. Bennett with a concept
that seems to be suitable for this building in that it could be used for a
celebration scheduled for 1992. He explained that it would be a good
bi-cultural event.
Mr. Thomas Murphy stated that he is in favor of preserving the courthouse
and suggested that the City Council amend the City Code to exempt historical
buildings.
Mrs. Marcella Curry, Chairman of the Building Standards Board, stated that
she was on the Board when the courthouse first became an issue. She stated that
obviously that it is not economically feasible to utilize the courthouse for
profit but she did not think it was fair for the members of the audience to say
that the Building Standards Board or the City Council wants to tear the building
down, she stated that they are just trying to save the building by enforcing the
City codes. She explained the procedures followed before the Building Standards
Board and expressed the opinion that although they would like to see the
building saved, nothing is being done to improve or renovate the building. She
mentioned the possibility of the damage of debris from the building during a
hurricane. She expressed the opinion that the Board and the City Council have
given Mr. Bennett enough time, and if there are enough Friends of the Courthouse
who want to save the building, now is the time for them to come forward to
assist in this effort.
Council Member Pruet expressed the opinion that the best thing the City
Council can do to save the courthouse is to uphold the decision of the Building
Standards Board to require that it be brought up to Code. He pointed out that
Mr. Bennett has 120 days in which to file for permits and begin bringing the
building up to Code and one year to complete the process. He pointed out that
Mr. Bennett has seen many citizens who want to work with him to come up with a
solution to the problem.
Council Member Rhodes pointed out that the Historical Society has made
suggestions as to what can be done to preserve the courthouse and if Mr. Bennett
does not do so, he can be issued citations. She stated that she will not uphold
the decision of the Building Standards Board.
Mayor Turner read the recommendation of staff as follows: that the
Building Standards order be upheld. The order requires the owner to secure a
permit and start repairs or demolition within 120 days. Should repairs begin,
an additional year be allowed to complete repairs to City Code standards
including any historical repairs and restoration requirements as provided. If
demolition or repairs are not started as required, the City be authorized to
seek legal remedies which may include financial penalties to enforce any
covenants and/or deed restrictions. These remedies may include the instituting
of procedures to correct and abate any building code violations including the
demolition of the structure as provided by law.
linutes
Regular Council Meeting
August 25, 1987
Page 26
A motion was made by Council Member Berlanga that the City Council uphold
the decision of the Building Standards Board to require the owner of the Old
Nueces County Courthouse at 1111 N. Mesquite to secure a permit and start
repairs or demolition of the building within 120 days. Should repairs begin, an
additional year be allowed to complete repairs to City Code standards. (Motion
M87-0301) The motion was seconded by Council Member Pruet and passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Slavik,
voting "Aye"; Rhodes voting "No"; Strong absent at the time the vote was taken.
* * * * * * * * * * * * * * * *
Mayor Turner announced the public hearing on the following item: Closure
and abandonment of Aubrey Street adjacent to I.H. 37 between North Shoreline
Boulevard and Water Street.
Mayor Turner inquired if anyone in the audience wished to speak in
opposition to this proposed street closing, and there was no response.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
* * * * * * * * * * * * * * * *
Mayor Turner then opened the public hearing on the closure and abandonment
of the 15 -foot wide public alley adjacent to Lots 1 through 7, 8A and 26A, Block
VIII, Ocean View Addition.
No one spoke in opposition to this proposed closure and abandonment.
A motion was made by Council Member Guerrero, seconded by Council Member
Mendez and passed unanimously.
* * * * * * * * * * * * * * * *
Mayor Turner announced the public hearing on the preliminary assessment
roll of the Gardendale Area Street Improvements, Phase I Project.
City Attorney Hal George explained that this hearing is required in
accordance with State law. He called as his first witness Mr. Victor Medina,
Director of Engineering, and through questioning of the witness, determined that
Mr. Medina is qualified to testify having served as an engineer for the City of
Corpus Christi for fifteen years.
Mr. Medina described the project which will include improvements to Bonner
Drive from Everhart Road to S. Staples Street and Betty Jean Drive, Nelson Lane
and Burton Lane from Holly Road to Williams Drive. He explained that the
streets will be constructed with a 6 -inch standard curb and gutter section,
6 -inch compacted lime stabilized subgrade, 8 or 10 inch compacted caliche base
and § or 2 inch type D mixed asphaltic pavement. He stated that the streets
Minutes
Regular Council Meeting
August 25, 1987
Page 27
will be 28 feet in width except for Betty Jean Drive which will be constructed
40 feet in width and that the sidewalks will be 4 or 5 feet wide constructed of
reinforced concrete 4 inches thick and 6 inch thick reinforced concrete
driveways. He explained that the assessment rates have been calculated in
accordance with the City's current paving policy.
Mr. Medina continued by stating that the total bid price was $963,801.70;
preliminary assessments total $390,808.18; and the City's portion will be
$573,001.52.
Mr. Medina informed the Council that Mr. Reyes of Williams Drive obtained
the signatures on the petitions which contained signatures of over 50% of the
property owners of the streets involved. He stated that on May 21, 1987, a
hearing was conducted by the Engineering Department at which time 63% of the
property owners where in favor of the improvements. He stated that the contract
will be awarded in about two weeks and explained how the improvements will
enhance the area.
Council Member Berlanga inquired about the drainage ditch, and Mr. Medina
explained that the City has the option to delete Burton Lane from the project if
the Blanche Moore Drainage Improvements have not been completed.
City Attorney George called as his next witness, Mr. George Paraskevas,
Realtor and Appraiser, who stated that he has been performing this type of
appraisals for about sixteen years. He testified that he has examined each and
every piece of property, and in his opinion, each and every piece of property
will be enhanced at least in the amount of the assessment.
Mayor Pro Tem Moss inquired about the fee for appraisal service, and Mr.
Paraskevas stated that he charges $70 an hour and this particular job will
probably cost about $13,000.
Mr. George stated that that concludes the City's presentation.
Mrs. Francis O'Neal, who owns a lot at the corner of Cain and Burton Lane,
inquired about the statement made by Mr. Medina in regard to the possibility
that Burton Lane will not be completed.
Mr. Medina explained that the Blanche Moore Developers have to extend their
drainage improvements; the City does not want to construct a new street and then
have it torn up by equipment going to the Blanche Moore tract for those
improvements; the drainage improvements referred to will consist of 62 -inch and
72 -inch pipe and should require three to four months to complete. He also
stated that the City does intend to construct the improvements on Burton Lane
and stated that the contractor will be required to provide access for local
traffic to all the streets during the entire time of construction.
No one spoke in opposition to the proposed assessments.
4inutes
Regular Council Meeting
August 25, 1987
Page 28
A motion was made Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Chapa stated that an ordinance on this subject will be on
the agenda within the next two weeks.
* * * * * * * * * * * * * * * *
Mayor Turner inquired if any of the Council Members had liaison reports.
Council Member Slavik reported that the Botanical Gardens organization had
agreed to include the Sister City garden in their plans. She also reported that
they plan a fund raising event in September and will possibly hire a
fund-raising director.
Mayor Pro Tem Moss stated that the Corpus Christi Regional Transit
Authority had met, and in response to his request for a report on the attendance
record of the members that the City Council appoints, the following information
was provided: Elizabeth Flores attended 15 out of 19 meetings for 79 percent;
Sam Powell attended 15 out of 19 meetings for 79 percent; Frank Rodriguez
attended 10 out of 19 meetings for 52 percent; Pat Sullivan, 17 out of 19, for
89 percent and Bill O'Boyle was just appointed in June. Mr. Moss also mentioned
that one county appointee has only attended one meeting since he has served as
liaison and he was of the opinion that the City should request the county to
urge that their appointees be more responsible to attend the meetings.
Mayor Turner expressed the opinion that the City needs to send Mr.
Rodriguez a letter to inquire if he is interested in continuing to serve.
Mayor Pro Tem Moss continued by stating that RTA had conducted a public
hearing in regard to their service and most of the people wanted the service
continued. He expressed the opinion that RTA is experiencing some marketing
problems at this time.
Council Member Berlanga reported on the Downtown Task Force; they hope to
have their last meeting on Thursday, following which a permanent committee will
be formed. He reported that Hugo Berlanga had indicated that he would like to
serve as a member of that committee and he should be quite an asset.
Council Member Guerrero noted the passage of the ordinance in Corpus
Christi in regard to taxicabs that serve the Airport. He stated that the
taxicabs must be in good condition, and on Thursday at 11 a.m. the taxicab
drivers will be given their official tropical shirts.
Council Member Mendez reported on the very important trip that he had made
to Laredo and stated that they had received a very warm reception; they visited
some of the maquiladora plants; and he suggested that other trips be planed to
further the good relations with Nuevo Laredo. He suggested that the citizens
from Nuevo Laredo who are in industry be invited back to Corpus Christi and that
the visit include an inspection of the Port of Corpus Christi. He reported that
a 20 -county organization has been formed to deal with issues such as education,
employment, economic conditions, etc. and the regional issues will be discussed
in a cooperative effort.
4inuteS
Regular Council Meeting
August 25, 1987
Page 29
Council Member Rhodes stated that she was very glad that the trip to Laredo
had been made but stated that she too would like to attend the next time since
she is the Council representative for the Port Authority.
City Manager McDowell explained that Gary Bushell of the Corpus Christi
Economic Development Corporation had arranged the trip.
Council Member Mendez agreed that Council Member Rhodes should have been
invited to attend and suggested that she contact Mr. Bushell to indicate her
interest in future trips.
* * * * * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Mrs. Al Rae Huston stated that she had previously asked that the City
Council allow the Bicycle Club to be allowed to ride over the Harbor Bridge but
the date has now been changed and she would like to have the ordinance amended
to allow this event to occur on October 11 which is also a Sunday. She assured
the Council that this would only be for a one-hour period early in the morning.
City Attorney George explained that the City had to change an ordinance by
an ordinance and it will now have to be amended to change the date. He
indicated that this will be on the agenda the following week.
Mr. Bob Shattuck, representing the Builders Association of Corpus Christi,
presented a letter addressed to the Mayor and the City Council pertaining to
item No. 10 on the Consent Agenda which authorizes a contract with David M.
Griffith and Associates, Limited for the purpose of executing a comprehensive
cost recovery program for the City. He stated that basically they objected to
the terms of the contract, particularly the performance clause that stipulates
that the consultant shall only be paid if they prove that substantial fee
increases are warranted. He expressed the opinion that the report could not be
objective if that is the way that they earn their money. He stated that they
had contacted the Cities of Fort Worth and Arlington and they indicated to him
that no such clause was in their contract with this company nor would they have
even considered such a contract.
City Manager McDowell explained that the provision in regard to the pay for
this company is that they will be paid $3,000 a week for eighteen weeks for a
total $54,000, but if they do not demonstrate that there will be ten times the
$65,000 of the total contract, then money will be refunded to the City,
Mr. Shattuck continued by stating that he would also like to request that
the Council insist that the methodology used by the company to determine the
recommendations be made available to the public.
Ainutes
Regular Council Meeting
August 25, 1987
Page 30
Mr. Dan Hobbs, Director of Management and Budget, stated that the
consultant has agreed to meet with a reasonable number of community groups that
feel concerned about some of their recommendations.
There being no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Pruet and passed unanimously,
the Regular Council Meeting was adjourned at 5:35 p.m.
* * * * * * * * * * * * *
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 August
25, 1987, which were approved by the City Council on September 1, 1987.
WITNESSETH MY HAND AND SEAL, this the
Lvt.AeAL—_
etty Turxler, MAYOR
Armando Chapa, City Secretary
City of Corpus Christi
I ,a, day of d246.6at i'j Q7,