Loading...
HomeMy WebLinkAboutMinutes City Council - 09/29/1987PRESENT Mayor Betty Turner Mayor Pro Tem Clif Moss Council Members: David Berlanga, Sr. Frank Mendez * Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong * Absent Leo Guerrero MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 29, 1987 9:00 a.m. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mayor Turner, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Rhodes. A motion was made by Council Member Berlanga to excuse Council Member Guerrero from the meeting because he is out of town on business. The motion was seconded by Council Member Pruet and passed by the following vote: Turner, Berlanga, Pruet and Slavik voting, "Aye"; Moss and Rhodes voting, "No"; Mendez and Strong absent. A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of September 22, 1987 be approved as presented; seconded by Council Member Rhodes and passed unanimously by those present and voting. Mayor Turner acknowledged Mr. Thomas Reich, Coordinator of the Operations and Maintenance Awards Committee, who expressed appreciation and recognition of Corpus Christi for the outstanding maintenance program at the Oso Plant. Mr. Reich introduced Mr. Robert E. Layton, Sr., Regional Administrator of the Environmental Protection Agency, who presented an award for Operations and Maintenance Excellence for the Oso Water Reclamation Plant to Mayor Turner. Patches and pins were presented to the Council Members. * Council Member Mendez arrived at 9:05 a.m. MICROFILMED rotes _.egular Council Meeting September 29, 1987 Page 2 Mayor Turner acknowledged Mr. Foster Crowell, Acting Wastewater Superintendent, who introduced members of the Wastewater Staff. Mayor Turner acknowledged Mrs. Dierdre Norton, Chairman of the Library Board, who introduced members of the Board and Friends of the Library who were instrumental in the development of the library. Mrs. Norton gave a brief presentation and invited the Council to celebrate 1987 as the Year of the Reader proclaimed by President Reagan. She then presented library cards and material to the City Council. * Council Member Strong arrived at 9:12 a.m. Mayor Turner stated that on the recent trip to Yokosuka, Japan, a site plan and photographs were presented to Yokosuka officials who were requested to design an authentic Japanese Garden for the grassy area at the Corpus Christi International Airport outside the baggage area. She stated that plans were received on the Japanese Garden layouts, and renderings were displayed to the Council. Council Member Slavik inquired about the plans and the funding, and George Hext, Director of Aviation, replied it is part of the overall funding that has already been approved for landscaping at the airport, and the renderings will be taken to the City landscape architect who will put it into a plan form. In answer to a question from the Mayor, Mr. Hext stated that the Airport Advisory Board has not had a chance to review it, but it will be presented to them at their next meeting. He stated that they have been advised of the concept. A motion was made by Mayor Pro Tem Moss to approve in concept the design, the utilization of the grassed space at the airport, and the referral to the Airport Advisory Board for final approval. The motion was seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the following engineering projects: 1. Sidewalk Improvements along Everhart Road, Wooldridge Road and Patton Street. City Secretary Chapa informed the Council that one bid on this project was received after the deadline at 9:01 a.m., and he stated that it is the Council's decision if they want to accept it. A motion was made by Council Member Mendez to accept the bid. City Manager McDowell stated that this happened a few weeks ago, and based on the advice of the City Attorney, the Council elected not to accept it. He lutes _.rgular Council Meeting September 29, 1987 Page 3 stated that it is their recommendation not it was not received in the time specified. The motion died for lack of a second. to accept it, based on the fact that Mr. James Lontos, Assistant City Manager, the following firms: Construction Assistance & Paving; and E. J. Stefek Construction Company. had acknowledged receipt of the addendum and bond or check. opened bids on this project from Service; A. Ortiz Construction & He verified that all companies submitted the required security 2. Rehabilitation of Runway 13-31 High Intensity Runway Lighting System. Mr. Lontos opened bids on this project from the following firms: Fairbairn Electric, Inc.; Hallmark Electrical Contractors; N. R. Johnston Electric, Inc.; and Pecan Valley Electric Co., Inc. He verified that all companies had acknowledged receipt of the addenda and submitted the required security bond. Mayor Turner expressed appreciation to the companies that had submitted bids. Mayor Turner called for consideration of Consent Motions 1 thru 5, noting that Item No. 2 is withheld for discussion and Item No. 4 is withdrawn until a recommendation from the SCOPE Committee is received. 1. M87-0332 Approving a supply agreement for lubricated plug valves to Serek Audco Valves for $63,412.92 based on low bid and low bid meeting specifications. 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. The valves will be used by the Gas Division. 2. M87-0333 Approving Change Order No. 1 in the amount of $12,484 to the contract with A. Ortiz Construction and Paving, Inc. for the Dr. Hector P. Garcia Park Improvements which provides for complete reconstruction of the parking lot pavement and reduces the amount of grading and seeding by 3.0 acres. 3. M87-0334 Scheduling a public hearing on October 13, 1987, on the closure and abandonment of portions of Lewis, Shely, Tompkins, Carter, Kosar, and Price Streets in conjunction with expansion and construction plans proposed for the Del Mar College East Campus. lutes _.egular Council Meeting September 29, 1987 Page 4 4. (Withdrawn) Endorsing Proposition No. 7 (Build Texas Program) to be included on the November 3, 1987 ballot. The proposition authorizes $400 million in General Obligation bonds for the purpose of making loans to local governments to finance construction of public facilities and to make grants to local governments for planning and design of projects. 5. M87-0335 Approving plans and specifications and authorizing receipt of bids on October 27, 1987, for the McNorton Area Street and Drainage Improvements project. A motion was made by Council Member Slavik to approve Motions 1, 3 and 5; seconded by Council Member Strong and passed unanimously. In reference to Item No. 2 concerning the Dr. Hector P. Garcia Park Improvements, Mayor Pro Tem Moss requested more details on this item, and Mr. Lontos stated that the parking lot was constructed about 15-20 years ago; it was partially a dump; and the ground was rather unstable. He stated that during construction, it was discovered that the base material under the existing parking lot was not suitable for reworking, and to provide a parking lot with a reasonable service life, it will be necessary to completely rework the pavement section. In answer to a question from Mayor Pro Tem Moss, Mr. Lontos stated that it is rather difficult to tell what is unstable until it was torn up. He further stated that it would be more expensive to rebid it. A motion was made by Council Member Pruet to approve Item No. 2; seconded by Council Member Slavik and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings of Item Nos. 6 thru 12, and Council Members requested that Items 9 and 11 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 6. RESOLUTION NO. 19982 AUTHORIZING THE EXECUTION OF AGREEMENTS WITH EXXON PIPELINE COMPANY, SOUTH TEXAS PIPELINE COMPANY, AND COASTAL STATES CRUDE GATHERING COMPANY PROVIDING FOR THE RELOCATION AND ADJUSTMENT OF PIPELINES TO CLEAR PROPOSED lutes _ogular Council Meeting September 29, 1987 Page 5 CONSTRUCTION FOR THE McNORTON AREA STREET AND DRAINAGE IMPROVEMENTS; AND APPROPRIATING $604,500. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 7. RESOLUTION NO. 19983 AUTHORIZING THE EXECUTION OF A CONTRACT WITH B. E. BEECROFT, CO. FOR CONSTRUCTION OF CONVENTION CENTER BALCONY AND MEETING ROOM IMPROVEMENTS; APPROPRIATING $565,000. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 8. RESOLUTION NO. 19984 AUTHORIZING THE EXECUTION OF CONTRACTS WITH MEHNE CONSTRUCTION, INC. FOR THE OSO RECREATION CENTER EXPANSION AND H.E.B. TENNIS CENTER IMPROVEMENTS AND WITH MOORITOUSE CONSTRUCTION COMPANY FOR IMPROVEMENTS TO THE LINDALE RECREATION CENTER, WEST GUTH SWIMMING POOL, AND PRICE SOFTBALL FIELD; APPROPRIATING $580,386.56. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 10. RESOLUTION NO. 19985 APPROPRIATING $1,950 FROM THE 561 STREET IMPROVEMENTS BOND FUND FOR APRAISAL SERVICES BY SIDNEY H. SMITH III IN CONNECTION WITH THE HIGHWAY 44 AND S. CLARKWOOD ROAD PROJECT. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 12. ORDINANCE NO. 19987 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Shade Chaparral Street - Chaparral Street, from Belden Street to Resaca Street; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION: 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. lutes _.egular Council Meeting September 29, 1987 Page 6 In reference to Item No. 9 concerning the Principal Arterial Street System Improvement Program (P.A.S.S.), Council Member Slavik stated that Project No. 10 - Saratoga Boulevard - Old Brownsville Road to Agnes Street (SH 44) for $18,000,000 seems very expensive. City Manager McDowell stated that these are numbers that represent what it would cost the City if we did those projects; some of those are bond projects; some are not; and with these projects as our recommendations for the PASS Program, the state would pick up the entire cost and there would be no cost to the City. Assistant City Manager Lontos stated that the cost for this portion of Saratoga is high because it is not an existing street, and there would have to be right-of-way acquisitions and relocation of utilities. Mayor Pro Tem Moss stated that the City will receive about $3M a year for this program, and this is a preliminary list of projects. He urged the Council to appoint a committee to work with the Engineering Staff to review these projects and revise them before they are submitted. Mr. McDowell made the suggestion that it should be the Bond Committee. He stated that these were worked up in conjunction with Mr. Gutierrez of the State Highway Department, and these are his recommendations as well as the Staff. Mr. Moss displayed to the Council renderings of the projects and the locations. He expressed the opinion that the whole program should be discussed with the Staff, and the Bond Committee would be the appropriate committee to do this. The Council referred to several streets, and Mr. McDowell stated that some of the streets that were mentioned were not included because they will be bid next year by the Highway Department. He stated that they are already in the process; plans are already there; and they would not be eligible for this program. Council Member Strong referred to Project No. 8, O'Neill/Compton, and stated that a commitment was made two years ago to have that street finished before the highway construction begins. Mr. Lontos stated that is still in the program, and Victor Medina, Director of Engineering, stated that this would be in addition to what is planned out there. Council Member Strong stated that when the Bond Progam was established, the street projects that were listed were identified as priorities by the City. She noted that it should be indicated that whatever is sent to the state that those bond projects are the Council's first priority. Council Member Mendez concurred with Mrs. Strong. lutes _.egular Council Meeting September 29, 1987 Page 7 In answer to a question from Council Member Slavik, Mr. McDowell stated that the City has projects that were not part of the Bond Program, but in the overall context of what the PASS Program is trying to do, some of those which would have been included in the future become eligible for that. He stated that they have also included some other projects which were in the bond programs, and if they are accepted under the PASS Program, that money can be used elsewhere. He stated that they considered a combination of both, and that these are not prioritized. Mr. McDowell continued by stating that the purpose of the project is to facilitate increased traffic flow. It was the consensus of the Council that this item shall be referred to the Bond Committee who will provide the Council with their recommendations. In reference to Item No. 11 concerning Shade Chaparral Street, Council Member Slavik inquired how much money will be left in the Parking Improvement Fund after the $190,970.98 is appropriated, and Mr. McDowell replied a little less than $20,000. He stated that it comes from the revenues from parking meters. In answer to a question from Mrs. Slavik about how much is expected a year, Mr. Medina replied about $45,000. There were no comments from the audience on Items 9 or 11. 9. Withdrawn ADOPTNG--T4Ws--b18T--0 -11RGJ- G S--3'4- -£BBM 44143-F(3I1--GONSIPERAT ON--B3F-THE BTAT€--DEPAR 4ENT--4R-NT6HWA3i6--AND}-PUBLPG-TRAN8RORTATTBN-FOR TIIL-PRTNGTPAL ARTERAE-STREET-E3F6TEM-PR@GRAM: 11. RESOLUTION NO. 19986 AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION AND PAVING, INC. FOR SIDEWALK, CURB AND CUTTER, AND IRRIGATION IMPROVEMENTS TO CHAPARRAL STREET FROM BELDEN TO RESACA STREET; APPROPRIATING $190,970.98. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. Mayor Turner called for consideration of Items 13 thru 20, noting that Items 14 and 15 will he withheld for discussion. There were no comments from the audience on the above items. City Secretary Chapa polled the Council for their votes and the following were passed: lutes .�gular Council Meeting September 29, 1987 Page 8 13. ORDINANCE NO. 19988 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH THE DIOCESE OF CORPUS CHRISTI TO ALLOW THE INSTALLATION OF A 2 -INCH PRIVATE GAS MAIN IN PORTIONS OF THE 10 -FOOT WIDE PUBLIC UTILITY EASEMENT IN LOT 4, SECTION 8, BOHEMIAN COLONY LANDS; 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. 16. ORDINANCE NO. 19991 AMENDING ORDINANCE NO. 19891, THE BUDGET ORDINANCE, AND ORDINANCE NO. 3658, THE CITY CLASSIFICATION PLAN, TO REFLECT CHANGES IN FUNDING AND STAFFING OF THE CITY RISK MANAGEMENT DEPARTMENT AND SELF INSURANCE FUND; 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. 17. RESOLUTION NO. 19992 AUTHORIZING THE EXECUTION OF A CONTRACT WITH TILLINGHAST, NELSON & WARREN, INC. FOR PURCHASE OF SOLE SOURCE COMPUTER SOFTWARE, TRAINING, AND TRAVEL EXPENSES RELATED TO THE CITY'S SELF-INSURANCE PROGRAM. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 18. RESOLUTION NO. 19993 AUTHORIZING THE EXECUTION OF AGREEMENTS TO PURCHASE INSURANCE. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 19. FIRST READING AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO PRESERVE THE INTEGRITY OF THE PRESENT ANIMAL CONTROL ORDINANCE AND TO IMPLEMENT THREE NEW STATE STATUTE, PENAL CODE CHAPTER 42, SECTION 42.12, AND CHAPTER 18, CODE OF CRIMINAL PROCEDURE, ARTICLE 18.182, RELATING TO OWNING OR KEEPING A VICIOUS DOG, AND DESTRUCTION OF CERTAIN DOGS CAUSING DEATH OF A PERSON AS SUBJECTS OF ARTICLE 192-4, TEXAS REVISED CIVIL STATUTES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. lutes ..egular Council Meeting September 29, 1987 Page 9 The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 20. SECOND READING RENEWING AND AMENDING A LEASE TO THE CAMPFIRE GIRLS, INCORPORATED OF 21 ACRES OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES FOR A TERM OF 30 YEARS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. Council Member Mendez requested a brief explanation on Item No. 18 concerning the annual insurance renewal. City Manager McDowell stated that the Council is covered by an official liability policy as long as they act within the official scope of their duties and responsibilities and are taking normal actions of the City Council. He stated they are not covered if they go out and do something that is not within that scope, or if they act maliciously. In reference to Item No. 14 concerning the Reappropriation of Community -Convention Facility Bond Fund, Council Member Slavik inquired if the City is basically paying themselves back, and Mr. McDowell replied prior to the time that the City came to an agreement and entered into a contract for the Watergarden with the Foundation, they were looking at a project cost that was substantially more than that. He stated that in essence, we are reducing the amount that has to be appropriated. Mr. McDowell continued by stating we are cancelling the appropriation that would have come out of the Convention Center Fund and reducing it to $1,190,088.50. Council Member Slavik requested an update on the project, and Mr. McDowell stated they are well underway and are moving ahead and scheduled to be completed in January. In reference to Item No. 15 concerning the Annual Insurance Renewal, Council Member Slavik inquired about the meaning of "C" on Page 5, and Mr. McDowell stated that in those particular types of cases such as general liability, auto, property or in workers' comp, the authority to settle claims would be vested as it is stated on Page 5, item "C". He continued by stating that Staff suggests that the Risk Manager, City Manager or City Attorney have the authority to settle cases and claims within the stated dollar limits, and if it exceeds that, it would come before the Council. In answer to a question from the Mayor, Mr. McDowell stated that at the present time the City has utilized outside firms to provide the contract lutes _.zgular Council Meeting September 29, 1987 Page 10 administrations and other things for which we paid a fee. He stated that Staff is proposing, since we are going totally self-insured, to add those capacities with our own staff at a savings as to what it costs on the outside. He stated that these people would have to be employed with that expertise and they will be state certified. In answer to a question from Mayor Pro Tem Moss, Mr. McDowell stated that the computer program provides the capability of tracking the claims, doing the analyses and those kinds of things. Council Member Mendez inquired if there is any violation to the law concerning administration of our own Workmans' Comp, and Mr. McDowell replied no, all we are doing is claims adjustment. He stated we look at the case; we do a determination; they have the right to appeal; and that we handle the internal payment of the funds. In answer to a question from Mr. Mendez, Risk Manager Blosser stated that before making this proposal, he checked with the State Attorney General's office regarding the legality of an organization being self-insured. He stated that the City is not denying the employee the appeal process thru the State Review Board, and that there is nothing illegal about the proposal. There were no comments from the audience on Items 14 or 15. City Secretary Chapa polled the Council for their votes and the following were passed: 14. ORDINANCE N0. 19989 AMENDING ORDINANCE 19221 SO AS TO APPROPRIATE $1,190,088.50 FROM THE COMMUNITY -CONVENTION FACILITY BOND FUND FOR PURPOSES RELATED TO THE WATER GARDEN AND PARKING FACILITY PROJECT IN THE BAYFRONT ARTS AND SCIENCE PARK AND TRANSFERRING $336,215.47 TO SAID FUND FROM THE CONVENTION CENTER IMPROVEMENT TRUST FUND; 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. 15. ORDINANCE N0. 19990 AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, ARTICLE I, IN GENERAL, BY ADDING A NEW SECTION 17-14, SELF INSURANCE; CLAIMS SETTLEMENT; PROVIDING FOR SEVERANCE; 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. lutes ..egular Council Meeting September 29, 1987 Page 11 * * * * * * * * * * * * * * * Mayor Turner called for consideration of Items 21 thru 28, noting that 22, 23, 24 and 27 are withheld for discussion. 21. SECOND READING AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISS KICKBALL LEAGUE FOR THE USE OF 7.08 ACRES OF LAND AT THE ANDERSON PIT FOR YOUTH SPORTS. The foregoing Ordinance passed on second reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Slavik absent at the time the vote was taken; Guerrero absent. 25. SECOND READING AMENDING CHAPTER 13 OF THE CORPUS CHRISTI CITY CODE BY AMENDING ARTICLE IV. EXCAVATION: PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Slavik absent at the time the vote was taken; Guerrero absent. 26. ORDINANCE NO. 19994 GRANTING CENTRAL POWER AND LIGHT COMPANY'S REQUEST FOR A RATE DECREASE FOR LARGE INDUSTRIAL CUSTOMERS IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERABILITY. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Slavik absent at the time the vote was taken; Guerrero absent. 28. ORDINANCE NO. 19995 AUTHORIZING A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR FIVE YEARS IN BOTSFORD PARK FOR USE AS A RECREATIONAL AREA. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Slavik absent at the time the vote was taken; Guerrero absent. In reference to Item No. 22 concerning the Hotel -Motel Tax, Council Member Berlanga inquired about the reaction from the Hotel/Motel Association, and City Manager McDowell replied the City is giving them a 1 percent discount if they pay within thirty days, and only if it goes beyond that time do the penalty provisions go into effect. Mr. McDowell continued by stating that the Hotel/Motel Association has not taken an official position; but it is the autes ..egular Council Meeting September 29, 1987 Page 12 Staff's understanding that they endorse it; and it is recommended by the Convention and Visitors Bureau. In reference to Items 23 and 24 concerning proposed five-year amendments in the contracts for C.C. Dockside Restaurant and the Wayward Lady, Council Member Berlanga inquired what assurance the City has that those boats are going to remain in Corpus Christi even if their rates are reduced. He stated that he has had conversations with people in the restaurant business and they feel that the reasons the restaurants are having financial troubles is because of poor management. Council Member Berlanga made a motion to postpone the second reading of Items 23 and 24 until next week to enable the Staff to do more a more thorough investigation of the matter. The motion was seconded by Council Member Slavik. Council Member Slavik stated that she would like to see these two restaurants succeed, since they have prime locations. She stated that if they are not succeeding, there may be more of a problem than just the fees or the rent. She expressed the opinion that five years is too long a contract. She noted that she will vote no on the items. Council Member Strong expressed the opinion that the Council has to decide whether these two restaurants are an asset to the community in the particular area of tourism. She stated that the maintenance of these two facilities on the waterfront "open" is better for the future of the City than one being allowed to sit there empty and the other being moved to another location. She stated that the City does not own the buildings and does not have the right to find new owners. Council Member Rhodes stated that she is going to vote against the ordinance and the motion. She stated that since they have a prime location, they are already being given an advantage by the City over the other restaurants. She stated that she is opposed to subsidizing one restaurant over another. Council Member Pruet noted that he did not see where a temporary reduction in the percentage that is being charged to the restaurants can be termed any type of subsidy. He stated that the City is attempting to give reduced rent and reduced charges during bad economic times and hopefully, they will be able to weather the storm and be here when the economy improves. He stated that at least the City has made an attempt to do what it can to keep them open, and that the dollars that it will cost us temporarily may pay off tremendously in the future. Council Member Berlanga stated that he thought five years is too long and that he might agree to a shorter lease. He reiterated that he would like to postpone the second reading for one more week. zutes _egular Council Meeting September 29, 1987 Page 13 Council Member Strong stated that they are in a prime location but the City is making them pay a premium for the location. She noted that the restaurants have been for sale but there have been no buyers. She stated that the Council has to decide whether those restaurants are an asset to the community. Council Member Mendez referred to the fact that they pay a percentage of their gross to the City, and whether we given them three years or five years won't make a difference. He stated that he thought they should be given an opportunity to try and do something; and hopefully, they will survive. Council Member Rhodes noted that as far as their paying a percentage of their income, that is their rent. She referred to the proposed increase in the boat slips, and if this is the time for landlords not to increase their fees, then it should be across the board. After more discussion, Mayor Turner stated that she supports these amendments. She referred to economic development, and noted that the City has an opportunity to do something on a short-term basis to prevent them from going under. She stated that she feels very strongly that some revenue is better than no revenue, and that some jobs are better than no jobs. She stated that she does not think this is a subsidy, but a readjustment of their rent structure so that they can afford to stay in business during tough times. The aforementioned motion failed to pass by the following vote: Berlanga, and Slavik voting, "Aye"; Turner, Moss, Mendez, Pruet, Rhodes and Strong voting "No"; Guerrero absent. Mrs. Denise Polinard, 4701 Andover, made a comparison to the lowering of these fees while there will be an increase in the rental for the boat slips. She stated that restaurants tend to be fadish and that shrimping can survive without tourists. She noted that shrimpers can operate as long as their operating expenses are not too high. City Secretary Chapa polled the Council for their votes on the following Ordinances: 22. SECOND READING. AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, BY AMENDING SECTIONS 17-38, SAME - REPORTS, 17-39, SAME - PROCEDURES, AND 17-40, SAME - PENALTIES, TO PROVIDE FOR MONTHLY REPORTS AND COLLECTIONS, DELETING THE REFERENCES TO "TAX ASSESSOR AND COLLECTOR," DESIGNATING THE "FINANCE DEPARTMENT" IN LIEU THEREOF, MODIFYING THE PENALTY PROVISIONS AND ADDING SECTIONS 17-41 AND 17-42 REGARDING PENALTIES, INTEREST AND CRIMINAL PENALTY ON ROOM OCCUPANCY TAX; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. nutes _.egular Council Meeting September 29, 1987 Page 14 The foregoing Ordinance passed on second reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. 23. SECOND READING AUTHORIZING THE EXECUTION OF AN AMENDMENT OF BARGE RESTAURANT AGREEMENT WITH PLEASURE PIER ASSOCIATES, INC., d.b.a. C. C. DOCKSIDE RESTAURANT. The foregoing Ordinance failed to pass on second reading by the following vote: Turner, Mendez, Pruet and Strong voting, "Aye"; Moss, Berlanga, Rhodes and Slavik voting, "No"; Guerrero absent. 24. SECOND READING AUTHORIZING THE EXECUTION OF A CONTRACT MODIFICATION WITH HASSLOCHER ENTERPRISES, INC. d.b.a. WAYWARD LADY. The foregoing Ordinance failed to pass on second reading by the following vote: Turner, Mendez, Pruet and Strong voting, "Aye"; Moss, Berlanga, Rhodes and Slavik voting, "No"; Guerrero absent. In reference to Item No. 23 with C.C. Dockside Restaurant, City Manager McDowell stated that the Staff will pursue legal action to collect the arrearage. He noted that they are going further and further into arrears each month. He stated that it is necessary the City pursue their fiscal responsibilities to collect the arrearage, and that it is a debt due the City. In reference to Item No. 27 concerning the marina fee schedules, Council Member Berlanga inquired about the fees and what control the City has over the boat slips at the Yacht Club, and if the City has any control over who occupies the slips, and City Manager McDowell replied he is not sure if the City has any control over who occupies the slips; the City has a contract with them in which they pay us 110 percent of whatever the going rate is; and that they are responsible for the maintenance and the upkeep of the slips. City Manager McDowell noted that the material the Council requested was not put in their packets because it was only received that morning. Council Member Rhodes made a motion to defer the third reading one week until the Council has had time to review the support material. The motion was seconded by Council Member Slavik and passed unanimously. 27. Withdrawn AMEND;N6-441E DOBE-OF'-(?la-6HAPT£A--1-z2-,--B6A'£5---BAiI6--AND-WATEPWAYST BEGTI9N---12-6i ,--RATS 6-- A#B-- RISN-T--FB&S--E9R--�fikr-� 4 - Crb3PS - A P --BGGK 6PAGE--66REB8bE-AND-RE6FiLM-IONss-4I=--INGREA6ING- 1-12--REN-TAir-RNPFTS-AND-OTHER PEE$,-iiEW4P-i4G--POI -S ERANCEr; FRGVI-I NG-AN--Fk'£-EET-W-E--➢ABIs; -AND-PROVIBIN6 FQR-PB8EIGASI9N- lutes .egular Council Meeting September 29, 1987 Page 15 * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 29 concerning the Contract with Nueces County for Consolidation of the City and County Jails. City Manager McDowell stated that Staff has been working with Judge Barnes and the Sheriff for a couple of months regarding the consolidation of the jails. He stated that the judge expressed concern over the satellite facility and some of the internal issues of the county. He stated that the Chief for the last several months has been working with the Sheriff, the County Attorney's Office, and the City Attorney's office, and the legal issues have been worked out. He stated that an agreement has been reached by the Police Department and the Sheriff to consolidate the jail operations in which they will house City prisoners some time after the first of the year. He stated that the City will pay them on a per diem basis and the Sheriff will be responsible for the handling of the prisoners. Mr. McDowell recommended the Council's favorable consideration on this matter, and once approved, it will be forwarded to the Commissioners Court for their concurrence. Police Chief Olson stated that discussions regarding jail consolidation have been going on for a long time; the agreement has been worked out with the Sheriff and the Police Department; they feel satisfied that the Sheriff will be able to handle the influx of bookings; and at the same time, the City will recognize a significant savings. He stated that they settled upon a per diem rate of $40.00 per day which is the Standard Marshall's Formula and follows what the U.S. Marshalls pay to the County. He stated that after a specific amount of time, he and the Sheriff will evaluate the rate and it very probably will be reduced. Council Member Slavik inquired how the figure was arrived at and stated that it seemed high, and Chief Olson replied there is not any data as far as this kind of a consolidation in Texas; the U.S. Marshalls allow the county and the state to house their prisoners in county jails; and this is the amount that they pay. In answer to a question from Mrs. Slavik, Chief Olson stated that according to the contract, a board is to be appointed to advise them on changes; and either side can bring up the issue of per diem or any other part of the contract to be discussed. Council Member Pruet noted that this consolidated program eliminates a major duplication of services on behalf of the City and the county, and this type of elimination of duplicate services helps the taxpayers significantly. lutes aegular Council Meeting September 29, 1987 Page 16 Sheriff Hickey gave a brief review of the history of the jail consolidation. He stated that it is fair, and they are very close to a solution because it is the right thing to do. Mayor Turner inquired about the time frame, and Chief Olson replied the contract calls for six months from the date of signing an agreement by the county, and City Manager McDowell stated that if everything goes smoothly, it will be about January. Council Member Berlanga inquired what effect this will have on the jail facility expansion planned on Waco Street, and Sheriff Hickey replied this is going to be the county's problem as to how to effect the jail consolidation and the increased bookings that they will have. He stated that he presented a plan about four months ago at a workshop meeting where a renovation would make it possible for them to consolidate. He pointed out that the renovation, which will cost about $145,000, would not cost the taxpayers any money because he will propose that it be taken out of the drug fund. City Secretary Chapa polled the Council for their votes and the following was passed: 29. RESOLUTION NO. 19996 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE NUECES COUNTY AND THE SHERIFF OF NUECES COUNTY FOR THE CONSOLIDATION OF JAIL OPERATIONS AND SERVICES. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 30 concerning the amendment to the FY 87-88 Police Budget. Chief Olson addressed the Council and stated that the issue of civilianization was started before his time, but that he agrees with the whole concept. He stated that there are several positions within the Police Department that are currently manned by well-trained sworn police officers at a much higher rate of pay than the types of civilian employees who can do just as good a job at those same functions. He stated that they propose with this civilianization plan, to take during this budget year, 11 of those positions, and through attrition, they will take officers from inside to fill those vacant positions in the street and then hire civilians to take that particular job that was vacated. Chief Olson continued by stating that you will see a decline of 11 sworn positions within the Police Department; you will see lutes ..egular Council Meeting September 29, 1987 Page 17 an increase of 11 civilian positions; but the number of sworn officers working in field positions will not change because of this program. He projected that during this budget year there will be about a $70,000 savings, and he anticipates that it will be much higher next year. Council Member Berlanga inquired if the Chief believed the Police Department is understaffed, and Chief Olson replied he has not made a decision about that at this time; there are a lot of misdirected resources; they are redirecting the resources; and there is not enough data until January or February to clearly make a decision. In answer to a question from Mr. Berlanga about complaints on calls, Chief Olson stated there are some things being done to address that issue, and he referred to the police differential responses whereby the citizens who call will receive an explanation about the priority of the calls and the exact time of the response. Council Member Strong pointed out the importance of having more police officers on the streets by the civilianization plan, and she stated it is a major step forward. City Manager McDowell stated that the assembly satellites were started out in the northwest area and the island and there will be one at the academy and the range. He pointed out that these will have the officers out on the streets for a longer period of time because it cuts down the time of driving back and forth. Mayor Turner made the suggestion that as soon as the money is freed up that it remain in the Police Department earmarked for additional cadets as it is appropriate. City Secretary Chapa pclled the Council for their votes and the following was passed: 30. ORDINANCE NO.19997 AMENDING ORDINANCE 19892 WHICH ADOPTED THE 1987-88 BUDGET BY PROVIDING FOR THE CIVILIANIZATION OF ELEVEN SWORN POSITIONS IN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Mendez, Rhodes, Slavik and Strong voting, "Aye"; Pruet absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * * lutes ..egular Council Meeting September 29, 1987 Page 18 In reference to Item No. 18 regarding the annual insurance renewal, City Manager McDowell stated that a letter was received and the annual premium amount of $75,500 has to be changed to $79,275. A motion was made by Council Member Rhodes to amend Item No. 18 with the appropriate change. The motion was seconded by Council Member Strong and passed unanimously by those present and voting. A motion was made by Council Member Slavik to go into closed session at 11:25 a.m. to discuss Personnel pursuant to Article 6252-17, V.A.C.S. The motion was seconded by Council Member Mendez and passed unanimously; Pruet absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * The Council reconvened the Regular Meeting at 12:10 p.m. A motion was made by Council Member Strong; seconded by Council Member Slavik to uphold the decision of the Civil Service Board regarding the three-day suspension of Leroy Casey. The motion was passed unanimously, with Guerrero absent. The Council Meeting was recessed at 12:12 p.m. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. and announced the public hearing on the following item: Changing the name of Camron Street to Bates Drive at the request of Mr. W. L. Bates. Camron Street is located north of Bear Lane and extends from Old Brownsville Road to South Padre Island Drive and subsequently to Joe Mireur Road (F.M. 763). Mayor Turner ascertained that no one in the audience had any objection to the street name change. A motion was made by Council Member Strong that the hearing be closed, seconded by Council Member Slavik and passed unanimously by those present and voting. City Secretary Chapa announced that the first reading of the ordinance effecting the street name change would be on the agenda the following week. * * * * * * * * * * * * * * Mayor Turner called for City Manager reports. City Manager McDowell stated that the Council needed to confirm the appointments to the Board of the Heart of Corpus Christi, Inc., and Mayor Turner stated that she is working on that but is not ready to confirm them at this time. lutes ..egular Council Meeting September 29, 1987 Page 19 City Secretary Chapa informed the Council that the officials of the Port of Corpus Christi had invited the City Council to meet with them and the County Commissioners on October 20 at 11:30 a.m. The Council indicated their concurrence with this invitation. * * * * * * * * * * * * * Mayor Turner called for Council Liaison and other reports. Botanical Gardens - Council Member Slavik reported that the Botanical Gardens members are going to join with Color Up Corpus Christi to plant flowers during the month of October. She stated that they are having some excellent workshops on Saturdays. Council Member Pruet interjected that he had been asked to serve as Membership Chairman for the Botanical Gardens; their goal is to have 2,000 members; they presently have 800 members; the cost for membership is $25, or $35 for family memberships. He stated that he has application forms available for this purpose. Mayor Turner explained to the members of the audience the purpose of the Council Liaison appointments to various entities. Downtown Revitalization - Council Member Berlanga explained that a meeting of the group is planned to discuss the names of the official board members; they are advertising for a Director locally, state-wide and nationally. He also explained that they plan to acquire office space in a building that will be used by the Regional Transit Authority. He provided a report on the trip to San Antonio which was taken on Monday, September 28, by several Council Members and other individuals from the City. He stated that at this meeting in San Antonio, they learned that the success of revitalization hinges on the support of the Municipal Government. Mayor Turner elaborated on the trip and stated that they visited Market Square in San Antonio; the Mercado is operated by the City of San Antonio; it provides sales tax and parking fees for that City; and in her opinion, this type of project would be very successful in Corpus Christi. Mayor Pro Tem Moss stated that he approves of similar participation by this City and by the private sector. He commented that in San Antonio, 8,000 to 10,000 people a day visit Market Square. Council Member Strong suggested that when trips of this nature are planned, she would like for the City Secretary to list that on their schedule of upcoming events, preferably in their Thursday packets. Council Member Berlanga continued by stating that he is aware of a party who has expressed an interest in establishing a mercado in the old J.C. Penny lutes .,egular Council Meeting September 29, 1987 Page 20 Building. Discussion followed on the possibility of a Farmer's Market in Corpus Christi. Economic Development Corporation - Council Member Mendez stated that there has been a lot of debate on local radio and television stations in regard to the upcoming issue on dog racing. C. C. Area Convention and Visitors Bureau - Council Member Pruet referred to a magazine Home and Travel which contains an article about the City of Corpus Christi. He reported that that article had generated 3,500 inquiries to the Bureau about the City. Mayor Pro Tem Moss referred to the importance of favorable publicity that is generated and mentioned the fact that a ship had come to Corpus Christi to be loaded because the Houston Ship Channel was too shallow. He expressed the opinion that this is good publicity for the City of Corpus Christi. Council Member Mendez referred to the presentation made to the City of Corpus Christi during the morning at which time E.P.A. presented an award for the improvements to the Oso Water Reclamation Plant. He suggested that the same problems exist at the Allison Wastewater Treatment Plant, including the odor problem, and asked that the deficiencies at the Allison Plant be addressed as soon as possible. Council Member Strong stated that she was not present at the time the Minutes of the preceding week were approved but would like to make one correction on page 21 in her statement and asked that the word "could not be installed" be changed to "should not be installed." A motion was made by Council Member Mendez to approve that correction, seconded by Council Member Rhodes and passed unanimously. Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Joe Adame addressed the Council in regard to the ordinance that had failed to pass on second reading which would lower the rent for the C. C. Dockside Restaurant. He provided the history of the development of that restaurant which was an effort initiated by himself, Mr. L. J. Cohen, and another person and explained that they established the floating restaurant in order to provide conventioneers a tourist attraction. He stated that the restaurant was opened under the name of Captain Boomer's in 1980; their rental fee to the City was 1 }% of their receipts; shortly after that because of unfortunate circumstances, there was a down -turn in the economy and they eventually had to close the restaurant for several months. He explained that in January they made a commitment to reopen the restaurant; and they are operating it under a lease program with a former partner. lutes ..egular Council Meeting September 29, 1987 Page 21 Mr. Adame continued by stating that their rent was increased in 1986 at the time they entered into a new five-year lease and the increase was caused because of a bidding war with the other floating restaurant that was paying a larger percentage. He stated that they do not foresee any great improvements in the economy during the next two years. They had only requested that the City reduce their rents by a small percentage. He noted that the Council seems to be very interested in establishing new tourist attractions but expressed the opinion that they should also have a commitment to local citizens with established places of business. Mr. J. H. Kinard, 4629 Donegal Drive, presented to the Council information in regard to the detrimental aspects of pari-mutuel betting. He explained the harmful effects of horse racing and dog racing. He also pointed out that according to other states, the gambling does not really generate adequate income. He asked the Council to study the information he had provided and make a statement to the effect that they want no part in pari-mutuel betting or racing. There being no further business to come before the Council, on motion by Council Member Strong, seconded by Council Member Slavik and passed unanimously the Regular Council Meeting was adjourned at at 2:30 p.m., September 29, 1987. * * * * * * * * * * * * * 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 September 29, 1987, which were approved by the City Council on October 6, 1987. WITNESSETH MY HAND AND SEAL, this the /3 4.-S"4.-S"day of -3/14-r: /9 Y 7 etty TtfYner, MAYOR Armando Chapa, City Secre"ary City of Corpus Christi