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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 4inutes 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. Minutes 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. linutes 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. linutes 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 linutes 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 Minutes 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. Minutes 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. Minutes 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. Minutes 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,