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