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HomeMy WebLinkAboutMinutes City Council - 12/08/1987PRESENT Mayor Betty Turner Mayor Pro Tem Rhodes Council Members David Berlanga, Sr. Leo Guerrero * Clif Moss Bill Pruet Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING DECEMBER 8, 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 Reverend Bob DeWolf of St. Christopher by the Sea Episcopal Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Pruet. A motion was made by Council Member Berlanga that the Minutes of the Regular Council Meeting of December 1, 1987 and Special Council Meeting of December 3, 1987 be approved as presented; seconded by Council Member Strong and passed unanimously; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner administered the oaths of office to the following appointees: Nadine Coyle and Jonny Hipp — Landmark Commission; and William Keys — Library Board. * * * * * * * * * * * * * Mayor Turner referred to the Board and Committee appointments. The following appointment was made by the Council: Senior Community Services Advisory Committee Elva Alba * * * * * * * * * * * * * MICROFILMED nut e s rtegular Council Meeting December 8, 1987 Page 2 * Council Member Guerrero arrived at 9:12 a.m. Mayor Turner announced the bid opening on the Corpus Christi International Airport Landscaping Project. Mr. Victor Medina, Engineering Services Director, opened bids on the project from the following firms: Greensleeves Landscape, Inc.; Randall & Blake, Inc.; Sprinkler King; and Chester Lambert General Contractor. Mr. Medina verified that all companies submitting bids had submitted the required security bond or cashier's check and acknowledged receipt of the addendum. Mayor Turner stated that she did not understand why local contractors did not submit bids, and Mr. Medina stated they were properly notified and picked up the bid packages. Mr. Ray Johnson, an owner of Turf and Irrigation, 6801 Weber, stated that they were in on the initial planning and solicited sub -bids from three different landscape companies. He stated that the bonding companies will not bond landscape companies; his company can do the work; but they cannot get bonding in the City of Corpus Christi. Discussion followed and Mr. Jessie Vielma, President of Greensleeves Landscape, Inc., a bidder on the project, gave a brief explanation of why his company felt it was their best option to submit a cashier's check. He stated that this in turn can be changed out by the issuance of a bid bond. Mr. Vielma continued by stating that the bonds are available, including landscaping and irrigation, and it is just a matter of trying to solicit and establish yourself in the bonding community. After more discussion by the Council on this matter, Council Member Strong suggested an alphabetical list of bonding companies be made available to the bidders, and Mayor Turner requested that the City Manager provide the information to Mr. Medina. Mayor Turner expressed appreciation to the bidders for submitting bids on the above project. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 6, noting that Motions 2, 3, 4 and 5 be withheld for discussion. A motion was made by Council Member Moss to approve Motions 1 and 6; seconded by Council Member Guerrero and passed unanimously. 1. M87-0389 Approving plans and specifications and authorizing receipt of bids on January 5, 1988 for the relocation of a sanitary sewer line to clear proposed construction of a raw water reservoir at the 0. N. Stevens Water Treatment Plant. mutes aegular Council Meeting December 8, 1987 Page 3 2. M87-0390 Approving plans and specifications and authorizing receipt of bids on January 5, 1988 for sliplining approximately 7,300 linear feet of the Oso Trunk Sanitary Sewer. 3. (Delayed) - See Page 4 Awarding a contract to Coastal Sweeping and Disposal Services, Inc. for street sweeping services at a cost of $223,045.07 for the first year based on low bid. 4. M87-0391 Approving award of supply agreements for furniture to the following based on low bids. Terms of the contracts will be for twelve months with options to extend for an additional twelve months, subject to the approval of the seller and the City Manager, or his designee. a. Yochem's Business and Residential Interiors Corpus Christi, TX Estimated Total: $295,000 Net, F.O.B. Destination b. Texas Office Supply Co. Corpus Christi, TX Estimated Total: $86,500 Net, F.O.B. Destination c. Braswell's Office Systems Corpus Christi, TX Estimated Total: $52,500 Net, F.O.B. Destination d. L.O.P.C. Corpus Christi, TX Estimated Total: $12,100 Net, F.O.B. Destination ESTIMATED GRAND TOTAL: $446,100 5. M87-0392 Approving contracts with the following companies for manual food service, vending service, and coffee service for the new City Hall. Contractor The Sunrise Vending Co. Coca-Cola Bottling Co. Estimated Annual Service Revenue Manual Food Service $ 4,200.00 Coffee Service 2,100.00 Snack Vending Service 4,510.00 Total $10,810.00 Soft Drink Vending Service $10,920.00 GRAND TOTAL $21,730.00 The manual food service contract will be for a period of three years; vending and coffee service contracts will be for one year. All contracts shall have options to renew. .nutes itegular Council Meeting December 8, 1987 Page 4 6. M87-0393 Approving two-hour time limited free metered parking for Christmas shoppers on designated streets in the downtown area from December 14, 1987, through January 4, 1988. In reference to Item No. 2 concerning the Oso Trunk Main Sliplining, Phase IV, Council Member Slavik stated that some residents are concerned that the Staff is planning to add onto the Oso plant and requested that the Staff comment on this matter. City Manager McDowell provided a brief explanation and stated that money was set aside in the Bond Program, and there are a number of sites on the south side that the Staff is identifying for a potential new plant. He stated that the Staff's plan is not to expand the Oso plant, and that the long range plan is to build a new plant. Mr. McDowell further stated that Staff is contemplating an expansion to the Westside Plant. In reference to Item No. 3 concerning the Contract for Street Sweeping Services, Mayor Turner inquired if the City submitted a competitive bid or if the Staff took the numbers from the budget, and City Manager McDowell replied that Staff studied the cost to the City for existing service, and that is what is reflected in the memorandum. Mr. McDowell noted that another option the Council may want to consider is not doing any sweeping at all. Discussion followed and in answer to a question from the Mayor, Mr. McDowell stated that portions of the service are a necessity, such as the Central Business District and the Uptown Business District. Council Member Pruet inquired if the City has the option of awarding the first or second part of the contract, and Mr. McDowell replied that the appropriate way would be to award the contract and then issue a change order. After more discussion, a motion was made by Council Member Slavik to delay awarding the contract until after next week's Budget Committee meeting, and at that time the Committee will provide a recommendation to the Council. The motion was seconded by Council Member Moss and passed unanimously. Mr. Mickey Schubert, District Manager for Browning Ferris, a bidder on the street sweeping project, referred to a change order and requested that if the Council decides to change the sweeping proposals, they go out for new proposals. In reference to Item No. 4 concerning Approving Award of Contracts for Furniture, Mayor Pro Tem Rhodes inquired if this is additional furniture for the new City Hall or replacement furniture, and City Manager McDowell replied it is furniture for the new City Hall, and that the new City Hall was designed for modular furniture, and in some respects it is new and in some respects it is replacement furniture. Mr. McDowell continued by stating that it was budgeted as part of the City Hall plan; the bids are the best the City is going to get; and it does not affect the General Fund. Mr. McDowell recommended approval of the contracts. nutes aegular Council Meeting December 8, 1987 Page 5 Mayor Pro Tem Rhodes stated that the majority of the furniture is modular and she referred to the itemized list of proposed furniture. questioned the need for new conference tables. Assistant furniture furniture furniture serviceable. filing areas, Garza pointed that for can not She City Manager Juan Garza stated that there is a small amount of is modular, but the vast majority of furniture is replacement existing furniture. Mr. Garza pointed out that some of the be used; some cannot; some of it fits; and some of it is He noted that the new City Hall calls for more conference rooms, and furniture for the public areas and Council Chambers. Mr. out that the City is buying the furniture for less than cost. In answer to a question from the Mayor about phasing the furniture in, Mr. Garza stated that the City would not get such excellent bids in the future because cf the size of the contract. He stated that the City is dealing with local venders, and the monies have been set aside in the City Hall Bond Fund. In answer to a question from Mayor Pro Tem Rhodes about using the money for something else, Mr. McDowell stated the money would have to remain in the City Pall Bond Fund until the project was completed, and Mr. Garza stated that Staff would want to use the money for City Hall related projects, and he recommended as a last resort to put the money into debt service. Mr. Garza presented the Council with a City Hall preliminary project budget list. Mayor Pro Rhodes stated that there is the same amount of Staff and she did not see any rationale for all the new furniture. Discussion followed and Council Member Berlanga suggested a committee be appointed to study the project budget list and make recommendations to the Council. He noted that he would like to see new furniture in the new City Hall wherever it is needed. Mr. Garza stated he believed that as the City replaces furniture in the future, as the funds become available, the City will end up paying more money. Mr. Garza referred to the computers in the computer room and how special they are treated and noted that if the City could treat their employees as well as the machines are treated, he wondered how much more productive they could be. He urged the Council to make this sacrifice for the employees. After more discussion, Mr. McDowell pointed out that the Council has told the Staff to push the Bond Funds and to move the bond projects forward, and here is a chance to help four local vendors. Mr. McDowell continued by stating that if the City dces not purchase at this particular time and close out the bond project, purchasing the furniture in the future would be a General Fund expenditure. Mr. Garza reiterated the need for furniture in certain areas and stated that the Staff did review all priorities. He then noted that the water, gas and wastewater departments with enterprise funds could pay for their own furniture as a way of relieving the City Hall Bond Fund. mutes L(egular Council Meeting December 8, 1987 Page 6 In answer to a question from Council Member Slavik, Mr. Garza stated that the City has furniture which is thirty years old and noted that the City Manager's furniture, and furniture for JTPA and the Data Processing Director would not have to be replaced, and Mr. Bob Kipp, an architect for the City Hall project, pointed out that the proposed furniture is good quality furniture; it is not expensive; and it will last about 15 to 20 years. Council Member Strong recommended that Mr. Garza provide the Council with a prioritized list. She stated that the Council needs to know what the Staff thinks is essential, and if the City will get the same prices if less furniture is ordered. She noted that the Council should keep in mind that essentially the City is getting $1 million worth of furniture for less than $500,000 because it was mentioned that Mr. Ed Martin had set aside an extra $500,000 because the Staff had anticipated the purchase would cost about $1 million. After more discussion, Council Member Pruet inquired how much of the $446,000 is allocated to departments for which furniture could be funded from the Enterprise Funds, and Mr. Garza stated that the information could be provided to the Council next week. Council Members Moss and Guerrero supported the Staff's recommendation and Mr. Guerrero stated that when a multi-million dollar corporation is run, $22,000 a year for the life of the furniture is absolutely minimal and could be made up in other ways. In reference to Item No. 5 concerning Approving Contracts for Manual Food Service, Vending Service, and Coffee Service for the New City Hall, Council Member Moss inquired about if it could be made a policy not to allow any coffee -makers in offices, and City Manager McDowell replied they will be held to a minimum, but that there are certain places where they would be appropriate. Council Member Berlanga inquired if the food service will be up for bids and stated that the City has always given the contract to the Commission for the Blind, and City Manager McDowell replied this is the result of competitive bids; the City did receive bids from that organization, as well as others; and the Staff's recommendation is that the City go with Sunrise Vending and Coca Cola and not continue their contract with the current provider, and Mr. Garza stated that the Staff has initiated discussions with the recommended vendor and inquired if they had any objections to hiring the handicapped, and the answer was they would not have any objection. Mr. Garza stated that the Staff is working to try to accommodate the present situation and all parties concerned. A motion was made by Council Member Slavik to approve Motions 2, 4 and 5; seconded by Council Member Guerrero and passed; Turner and Rhodes voting, "No" on Motion No. 4. inutes Regular Council Meeting December 8, 1987 Page 7 Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 7 thru 14, and Council Members requested that Items 8, 9, 10 and 11 be withheld for discussion. Mayor Turner noted that in reference to Item No. 7 concerning the Rules of Decorum for Council Meetings that Mayor Pro Tem Rhodes has submitted some suggestions and urged the Council to accept her recommendations. Mayor Turner called for comments from the audience. Mr. Philip Rosenstein spoke in reference to Item No. 7 and stated that he was misquoted in the Caller Times and that he did not object to endorsements by the Council of horse racing but objected only to the use of their titles. He noted that he takes exception to an insinuation made by Council Member Strong in a newspaper article and requested an apology from Mrs. Strong. Mr. Rosenstein stated that the sign he presented at the Council Meeting was not political and was a part of his presentation, and that it was discourteous of the Mayor to order Attorney Hal George to remove his sign. He noted that no one has the right to touch his property and that he believes in freedom of expression and speech. He then requested an apology from Mayor Turner. Ms. Donna Hodge, 3626 Redwood, stated that if the audience must conduct themselves accordingly, the Council should stay seated and listen whenever business is being discussed during the Council Meeting. City Secretary Chapa polled the Council for their votes and the following were passed: 7. RESOLUTION NO. 20102 ADOPTING RULES OF DECORUM FOR THE ORDERLY CONDUCT OF THE BUSINESS OF THE CITY; PROVIDING FOR SEVERANCE. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero voting, "No." 12. ORDINANCE N0. 20107 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Everhart, Wooldridge Roads and Patton Street - 1. Everhart Road, west side only, from Shadowbend Drive to Middlecoff Road, 2. Wooldridge Road, from 200 feet west of Patton Street to Cimmaron Boulevard, and 3. Patton Street, from Holly Road south for 800 linear feet; 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, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." nut es regular Council Meeting December 8, 1987 Page 8 13. ORDINANCE NO.20108 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF: State Highway 44 and Farm Market Road 2292 - 1. S.H. 44, from west of Clarkwood east 4100 linear feet to Gilliam Lane, and 2. F.M. 2292, from S.H. 44 south for 2050 linear feet; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 14. ORDINANCE N0. 20109 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: State Highway 44 and Farm Market Road 2292 - 1. S.H. 44, from west of Clarkwood east 4100 linear feet to Gilliam Lane, and 2. F.M. 2292, from S.H. 44 south for 2050 linear feet; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON JANUARY 12, 1988, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." In reference to Item No. 8 concerning the Park Road 22 Utility Adjustments, Parcel 4, Council Member Moss inquired if it is necessary that this item be on the agenda for such a small amount of money, and City Manager McDowell replied in the affirmative because it is appropriating money. He noted that the Staff is studying the way this procedure is handled so that it could possibly be changed. In answer to a question from Council Member Moss in reference to Item No. 9 concerning the Bear Lane Sanitary Sewer Trunk, and Director of Engineering Victor Medina stated this is the actual cost that the City took bids on; there is a unit cost for this item; and this happens on all sanitary sewer projects. In answer to a question from Council Member Slavik, City Manager McDowell stated it happened as a result of the way it was surveyed and could have been avoided if it had been surveyed differently, and that it was a unique problem. City Secretary Chapa informed the Council that his office received a conflict of interest affidavit from Council Member Pruet in reference to Item No. 9 and noted that Mr. Pruet will abstain from the discussion and vote on Item No. 9. nutes regular Council Meeting December 8, 1987 Page 9 In reference to Item No. 10 concerning the Public Safety Communications System, Mayor Turner inquired if these repairs will be incorporated into the new communications system, and City Manager McDowell stated this is money well spent on the system as it presently exists to do the necessary repairs and fine tuning, and some of those may become a part of the new system. Mr. McDowell noted that the Staff has not fully identified, and will not know for about a year, what the total system will be. In answer to a question from Mayor Pro Tem Rhodes, Mr. McDowell noted that it was the Council's decision to take $150,000 out of one project, and advance it to begin to make immediate repairs to the radio system. He noted that with the sale of the bonds, the $150,000 will be repaid. In answer to a question from Council Member Slavik regarding the time frame on the new system, Mr. McDowell stated that the City entered into a contract with a consultant; it was a twelve-month contract; and he suspects within the next eight months the Staff will know what kind of system and what kind of equipment will be needed. Mr. McDowell stated that in reference to the new facility, it will be about mid -fall of 1988 before construction is started and it will be abcut an 18 -month to two-year project. In answer to a question from Mayor Pro Tem Rhodes on Item No. 11 concerning the Sidewalk Improvements - Everhart Road, Wooldridge Road and Patton Street, Mr. Medina stated that was the section requested by the school district. Mr. Dale Pittman, a representative of Construction Assistance Co., stated they were the low bidder on this project, and that there was a mistake in the pricing unit on the bid from A. Ortiz Construction who ended up being the actual low bidder. He asked that before the contract is awarded that the Council go back and lock at this method of award, and as to where it is justified to award a contract for such a low price. City Manager McDowell stated there was an error in the difference between what was written and the actual numbers that were put down, and it is the City's policy to go with what is written and spelled out versus the numbers. In answer to a question from Council Member Guerrero, Engineering Director Medina stated that A. Ortiz was the low bidder, and the City will save about $4,000 with this contract award. Discussion followed and Mr. McDowell noted that the Staff has looked at ether alternatives, and Mr. Medina recommended to continue this same procedure but that it could be studied again. City Secretary Chapa polled the Council for their votes and the following were passed: .inutes Regular Council Meeting December 8, 1987 Page 10 8. RESOLUTION NO. 20103 APPROPRIATING $3,315 FROM THE 250 SANITARY SEWER BOND FUND FOR ACQUISITION OF PARCEL 4 IN CONNECTION WITH PROJECT 250-87-44-5.1, PARK ROAD 22 UTILITY ADJUSTMENTS. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 9. RESOLUTION NO. 20104 APPROPRIATING $87,000 FROM THE 250 SANITARY SEWER BOND FUND FOR CHANGE ORDER NO. 3 TO THE CONTRACT WITH J & B CONTRACTORS, INC. DBA SOUTH TEXAS UTILITY CONTRACTORS FOR ADJUSTMENT OF QUANTITIES IN EACH CUT BRACKET TO REFLECT ACTUAL DEPTH CONDITIONS DURING THE CONSTRUCTION PROCESS. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Slavik and Strong voting, "Aye"; Pruet abstaining. 10. RESOLUTION NO. 20105 APPROPRIATING $150,000 FROM THE BOND FUND ACCOUNT FOR THE PUBLIC SAFETY RADIO COMMUNICATIONS TO PROVIDE FOR NEEDED INTERIM REPAIRS TO THE PRESENT PUBLIC SAFETY COMMUNICATIONS SYSTEM. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 11. RESOLUTION NO. 20106 AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION & PAVING, INC. FOR SIDEWALK IMPROVEMENTS ON EVERHART ROAD, WOOLDRIDGE ROAD, AND PATTON STREET; APPROPRIATING $132,644.77. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 15 thru 20 and Council Members requested that Items 15, 17 and 20 be 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: nutes regular Council Meeting December 8, 1987 Page 11 16. SECOND READING AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS FOR THE LEASE OF A SLIP IN THE MARINA. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 18. SECOND READING AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH KAMPING PLEASURES, INC. (KOA CAMPGROUND) ON A 40 -ACRE TRACT OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 19. SECOND READING AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH ROBERT A. ROTH DBA SUNRISE BEACH ON A 45 -ACRE TRACT OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." In reference to Item No. 15 concerning Permits Required for Commercial Activity in the Marina, Council Member Berlanga expressed concern about the detrimental effect of this ordinance on the small operator and that he believes the City is violating their rights. He noted that the City should stick to the management of the marina as far as operations and safety are concerned and leave the health and construction up to other City departments. Mr. Berlanga continued by stating that he did not think that too much authority should be given to one person in the marina. He suggested suspending the second reading of the ordinance until the Council has had time to talk to people at the marina. Mayor Pro Tem Rhodes noted that she is in support of the ordinance and referred to long-term health hazards. She requested that the amendment made at last week's Council Meeting be put in the ordinance regarding the deheading of the shrimp. lutes ..egular Council Meeting December 8, 1987 Page 12 Council Member Strong concurred with Mrs. Rhodes and stated that it is important that the single boat -owner have the ability to sell their shrimp directly to the public because that is the only way they can compete. She noted that the services at the marina should not be duplicated. City Manager McDowell noted that this ordinance brings the City into compliance with the state law and that the state law precludes shrimpers from selling their catch unless they do it off the boat they catch it on. Mr. Reuben Lara, 4225 Lara, apologized for his conduct at the Council Meeting last week and referred to various sections of the proposed ordinance which he is in opposition to. He stated that he likes and gets along with Marina Superintendent Bob Bruner but is worried about someone else coming in and having so much power in the marina. Mr. Lara asked that he be allowed to regulate his own boat. Discussion followed and in answer to a question from Mayor Pro Tem Rhodes, Marina Superintendent Bruner stated that there is an appeal process in the ordinance; they can appeal to the City Manager or the City Council; and he stated that the ordinance pertaining to this is almost twelve years old. He stated that the only real change is that the boat has to be operable. Council Member Strong made various suggestions and additions to the proposed ordinance which will be reflected in the third reading of the ordinance. Ms. Angie Bodukagulu, 1426 Buenos Aires, stated that the marina needs consistency between the vendors and shrimpers and it should be decided on who is going to sell, who is not and where. In reference to Item No. 17 concerning the Library Board Ordinance, Council Member Moss referred to SECTION 1, Paragraph 3 of the Ordinance and stated that there is nothing wrong with the Library Board accepting money. He stated that we may be discouraging the auxiliary from working to do this and suggested changing the wording in Paragraph 3 from "persons, firms, foundations, or corporations" to "government entities." Mayor Pro Tem Rhodes disagreed with Mr. Moss and stated she could not go along with that suggestion because it would be restrictive. Council Member Moss made a motion to incorporate the aforementioned change in the wording and the motion died for lack of a second. In reference to Item No. 20 concerning the Amendment to Platting Ordinance - Private Streets, Council Member Slavik referred to Page 2, Item K of the amendment and inquired why might the City find it advantageous in the future to accept a private street as a public street, and City Manager McDowell replied a subdivision is initially built with private streets and eventually may want to turn it over to the City. He stated that the City has nothing against taking private streets, but they need to be built and constructed and maintained to the standards that the City does for all other streets. inutes ,regular Council Meeting December 8, 1987 Page 13 Council Member Slavik requested a legal opinion, and City Attorney George stated that it clearly says if approved by the City Council; it is a discretionary kind of action whether the Council accepts the street or not, and it has to meet City standards. There were no comments from the audience on Item No. 20. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 15. SECOND READING AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY DELETING SECTION 12-47, PERMITS REQUIRED FOR COMMERCIAL ACTIVITY; REGULATIONS, IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 12-47; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Moss, Pruet, Slavik and Strong voting, "Aye"; Berlanga voting, "No"; Guerrero absent at the time the vote was taken. 17. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTIONS 2-75, 2-76, AND 2-77 REGARDING THE LIBRARY ADVISORY BOARD; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Pruet, Slavik and Strong voting, "Aye"; Moss voting, "No"; Guerrero absent at the time the vote was taken. 20. SECOND READING AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION A, STREETS, BY ADDING PRIVATE STREETS TO BE DESIGNATED AS SUBSECTION A.19; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the San Antonio Street Closure Request. inutes Regular Council Meeting December 8, 1987 Page 14 Director of Engineering Services Medina stated that Mrs. Ruth Squibb has applied to the City for closure of a 10 -foot wide by 175 -foot long unimproved portion of San Antonio Street adjacent to Lots 48 through 54, Block 215A, Port Aransas Cliffs Subdivision. He stated that the Staff has no objection to the closure of this section of the street on the basis that Mrs. Squibb replat it. Mrs. Ruth Squibb, the applicant, stated that she and her husband bought their home in 1958 and since then he has passed away. She stated that the closure would enable her to sell her home because of the larger lot size and would increase the tax value of the property. She stated that they had maintained the property in question for 29 years and it is still like it was wher they bought it. Mayor Turner expressed appreciation to Mrs. Squibb for maintaining public property and informed her that if the request is approved, she will be charged for the appraisal value of that area. In answer to a question from Council Member Strong regarding the replatting, Mr. Medina stated it will take take place in 180 days. Mrs. Squibb stated that she knew the property would have to be replatted but did not knew about the charge. Mayor Pro Tem Rhodes asked Mrs. Squibb if she still warted the closure knowing she would have to pay for the unimproved portion of the street, and Mrs. Squibb replied in the affirmative. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Slavik and passed unanimously. A motion was made by Council Member Guerrero to approve that portion of the street, subject to a replat within 180 days with Mrs. Squibb being charged for the appraisal value of the area. The motion was seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Mayor Turner opened the next public hearing on an Alley Closure Request - Block 3, West End Addition. Director of Engineering Services Medina located the proposed area on the map and stated that this is a request from a property owner for a 10 -foot wide public alley between his property and Lovenskiold Park. Mr. Medina stated that there have been two objections to the closure of the alley, and that the Staff recommends a Use Privilege Agreement and he gave an explanation of the agreement. nutes eegular Council Meeting December 8, 1987 Page 15 In answer to a question from Council Member Strong regarding how long Mr. Olszewski will get to use the property, Mr. Medina stated it all depends on the development of the adjacent lots. Mr. Donald Olszewski, 1650 Leopard Street, the applicant, gave a brief explanation of the reason for his request and stated that he wants to light the alley; close it off; the Use Privilege Agreement is acceptable to him; and he wanted some assurance on the length of time of the agreement. Discussion followed and Mr. Medina explained that the owners who objected to the alley closure had no objections to the Use Privilege Agreement and that he thought the agreement would be for about three years with the option to extend. This was agreeable to Mr. Olszewski. A motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Strong and passed unanimously; Guerrero and Pruet absent at the time the vote was taken. In answer to a a question from Mayor Pro Tem Rhodes regarding a fee, Mr. Medina stated that the City will not be receiving any money. A motion was made by Mayor Pro Tem Rhodes to direct the Staff to prepare a L'se Privilege Agreement instead of closing the alley. The motion was seconded by Council Member Berlanga and passed unanimously; Guerrero and Pruet absent at the time the vote was taken. The Council Meeting was recessed at 12:04 p.m. * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 2:00 p.m. Mayor Turner called for Council liaison and other reports from the Council. Downtown Revitalization - Council Member Berlanga stated that they met for the first time at their new location at 315 No. Chaparrel. Port Authority - Mayor Pro Tem Rhodes reported they have a 39 percent increase in their handling and that she has a copy of the Executive Director's quarterly report. RTA - Council Member Moss noted there will be a public hearing to discuss diminishing some of the services that they route and if the discontinuation goes forward, it will be implemented in early January. Convention and Tourist Bureau - Council Member Pruet stated that they had another meeting in regard to the National Collegiate Sports Festival and that things are looking pretty good. _nutes Regular Council Meeting December 8, 1987 Page 16 Mayor Turner asked the City Attorney if he could rule on the legality of allowing for an election in District 1 to fill that Council vacancy, and City Attorney George stated that Attorney Jimmy Bray is presently studying this matter and will be advising the Council later in the afternoon. Council Member Slavik informed the Council that she would be unable to attend next week's Council Meeting because of a commitment during the NLC Convention and requested to be excused from the Council Meeting. City Manager McDowell referred to the Botanical Gardens and stated that the Council authorized the money to extend the water line and that they are requesting him to execute the lease for the right-of-way with the State Land Office. The Council indicated that they had no ojbection to this. Council Member Moss asked the City Manager for a report on the new City Hall, and Mr. McDowell reported that the new City Hall is on schedule and that the completion of the construction will be around February 3, 1988. Mr. McDowell referred to the exercise area at the new City Hall and presented the Council with a floor plan of the sixth floor where the exercise area will be located. He stated that the area was included in the plan from the very beginning and that an Employment Wellness Committee was formed to make a recommendation for a plan to be patterned after an operation in the Police Department. Mr. McDowell continued by stating that he has not received the report from the committee yet, so he does know their recommendations. He stated that there have been no expenditures for equipment for the area and that shower and locker room facilities have been built into the construction. Council Member Strong stated that she thought productivity goes up when exercise is something that is encouraged and suggested a committee to go out to the public for donations for equipment because the City cannot afford to purchase the equipment. Discussion followed and Council Member Pruet inquired about a tour of the new City Hall for the Council Members, and it was decided that the tour will be held on December 22 at noon. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on items not listed on the agenda. Mr. Frank Stevens, 1733 Caribbean, spoke in regard to the recent excavation in Flour Bluff which he is opposed to. He stated that it is a commercial activity in a residential area; the depth of cut appears to be far greater then the 12" cut; and that they are not in compliance with the verbal guidance which was discussed. He stated that it shows no signs of ceasing, and appears to be in violation of the ordinance the Council passed on November 3. He requested the Council to require that the excavation cease. 1nutes Regular Council Meeting December 8, 1987 Page 17 Council Member Strong stated that it was made very clear that the ordinance that was passed on November 3 was not a retroactive ordinance and that the project referred to could not be regulated by the ordinance as amended. Council Member Slavik inquired how long the excavation has been going on, and Director of Engineering Services Medina replied about three to four months; Staff is in the process of monitoring the project daily and weekly; and it does match what the Council agreed to. In answer to a question. from Mayor Pro Tem Rhodes regarding a grandfather clause, City Attorney George stated that typically it is effective from that day forward and not retroactive but in reference to this case, the activity was already in place and going on, and there is no requirement for a grandfather clause. He further stated that this contract was a quantity type contract; it is for one foot; and that will be the end of it. Mr. Jce Hansler, 1515 Caribbean, Flour Bluff, stated he resides across from the excavation and intends to appear before the Council until a decision is made on an agenda item where facts can be presented by an attorney representing himself. He stated that his is a reasonable request that the commercial and industrial operation in a residential area can be addressed by his attorney. Mr. Hansler continued by stating that he is under the impression that in order to place an item on the agenda, it must be requested by five Council Members. He stated that he believes there are three violations and requested that it be put on an agenda. City Attorney George stated that the contract was in place when the ordinance was passed; it is a valid contract; and that the excavation did not require a permit at that time. He stated that Mr. Hanlser has filed a lawsuit; as far as he knows the lawsuit is still pending; and he has not received a copy of any dismissal. In answer to a question from Mayor Pro Tem Rhodes regarding if the contract could be cancelled on the grounds it is in violation of the zoning, City Attorney Gecrge stated it could be stopped; but that the Staff is of the opinion that it is not in violation of any zoning ordinance. Council Member Guerrero asked Mr. Hansler if he has gone to court on this, and Mr. Hansler replied in the affirmative. Mr. Guerrero stated the Council passed the ordinance that he requested; he took it to a court; the court denied it; and as far as Council Member Guerrero is concerned that is the end of it. Ms. Donna Hodge, 3626 Redwood, representing the Citizens Organized for Public Safety, presented 4500 signatures in support of the new communications system, more manpower and better patrol cars for the Police Department. She stated that they do not feel the safety of the citizens of Corpus Christi should be subject to budget cuts, and asked if the plans for the new police building nutes regular Council Meeting December 8, 1987 Page 18 have been prepared, and City Manager McDowell replied they have not; space allocation studies have been done to determine what is needed and now have to be given to the architect to draw the plans. Mr. McDowell stated that that they will go to bid in late summer or early fall of 1988, and he also gave a brief explanation of the different phases concerning the time frame for the new police communications system. Mr. Philip Rosenstein stated that there should be some rules of etiquette for the City Council who use their titles and names to endorse controversial issues, mainly the Corpus Christi Economic Area Development Corporation who endorsed horse racing. He displayed a sign which he recently had at a Council Meeting and that it was pertinent to an incident referred to in a recent newspaper article. He stated that he was denied the proper legal procedure during the Council Meeting. Mayor Turner asked Mr. Rosenstein if he was aware of the Resolution for Rules of Decorum adopted by the Council that morning and requested him to remove his sign. City Attorney George also made the same request. Mr. Rosenstein removed his sign and put on a T-shirt which read "Return Democracy to City Hall" and objected to the Resolution passed that morning. Mr. David Noyola, 4433 Valdez, expressed concern about the District 1 race and stated that District 1 needs representation now. He asked how much more money will be spent if there is an election and expressed the opinion that the money could be spent more wisely elsewhere. He stated that he thought the Council should make their decision quickly. Henry Whitman, 130 Hywood, representing the Police Officers Association, referred to the new code of ethics adopted and inquired if it pertained to T-shirts. He stated that there is a police officer present at each Council meeting and the officer should not be asked to enforce rules that are not in violation of the Penal Code. The Mayor declared a short recess before discussion on the Budget Report. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 2:56 p.m. City Manager McDowell introduced Mr. Jesus Garza, newly appointed Assistant City Manager for the City, and provided background information on his experience with the City of Austin and his qualifications for the position. Mr. Garza explained that he was very glad to accept the position because he is a native of Corpus Christi and the position will provide him with a new area of experience. .nutes itegular Council Meeting December 8, 1987 Page 19 Mayor Turner then called for the budget report on the first quarter of fiscal year 1987-88. City Manager McDowell stated that the City is on target with the budget that was adopted; the revenue and expenditures are according to predictions; but the staff will continue to monitor the situation with the Council Committee that was appointed by the Mayor. Mr. McDowell continued by providing background information as to what is occurring economically and reiterated that the City is on target with both revenues and expenditures. He informed the City Council that 101 positions have been identified that can be eliminated from the budget for a savings during the following year of over $2 Million. He stated that even with this savings, an additional $4 Million will be needed in order to replenish the reserves which was one of the Council aims. Mr. McDowell noted that the study currently being performed by D.M. Griffith will identify opportunities for raising user fees and charges in the general fund. He explained that this report will be completed in the spring and this represents an area where the Council will be confronted with difficult decisions. City Manager McDowell stated that the City will not be able to continue business as usual and it will be impossible to provide the same level of services as in the past. He stated that with the deletion of the positions referred to, services have to be reduced to stay within the budget. Mr. McDowell noted that the City Council's Action Agenda calls for a very aggressive program and the City will be unable to maintain the level of service and stay within the budget unless there is either an increase in fees or taxes or a reduction in services. He noted that there are about 2,000 employees in the General Fund, which includes police and fire personnel, and policy issues need to be decided by the City Council. He noted that he has requested the department heads to submit a 10% expenditure reduction plan to be effective August 1, 1988. He noted that additional positions will be identified for elimination as priorities are set for service levels for fiscal year 1988-89. He also suggested that the City Council will need to make the decision as to whether the City should continue to fund various organizations. Mayor Turner agreed that the Council needed to adopt a responsible fiscal plan philosophy, but inquired if the City Manager was saying that there are only two options, 1) increase fees and taxes or 2) decrease services, and City Manager McDowell stated that there is still a need to make the decision as to how to reduce the budget by $4.8 Million. He noted that the City Council has received a request from a group during this Council Meeting for additional police, and that type of reduction would be unacceptable to the public, and unless revenue is increased, services will have to be decreased. Council Member Berlanga referred to the situation at the E.I. Dupont Plant whereby reductions were made in the number of personnel, but through additional training and changes in the manner of operation, the same production continued. nutes Regular Council Meeting December 8, 1987 Page 20 City Manager McDowell agreed that it would be possible to reduce crews and by training and changing the method of operating, this would allow the reduction in costs without damaging services. He assured the Council that staff will work with the Budget Committee and consider any options suggested. Council Member Pruet commended the staff for the projected reduction of $2 Million. He stated he had disagreed with some of the positions that are recommended to be eliminated. He stated that he does not see a $6.8 Million deficit but rather an $8 Million deficit because there has been no equipment replacement this year and some of the police and fire equipment is in very poor condition. He stated that he did not think, however, that the only alternatives are reducing services or increasing taxes and pointed out that cuts have already been made. He stated that he was of the opinion that some non-critical services could be eliminated. He stated that he believed that only after the City Council makes the commitment to follow cost containment measures by possibly eliminating more employee positions, and only after all possible cost containment measures have been taken, can the City Council raise taxes. City Manager McDowell stated that the problem is in the General Fund that is supported by taxes. City Manager McDowell explained that staff is encouraging productivity from City employees through an incentive program to be aggressively implemented in early 1988. He stated that staff also hopes that the study by the consultant will result in a recommendation by increasing revenue at least in the amount of $650,000 since that is the reduction required before they earn a fee. Council Member Slavik stated that obviously the City cannot cut public safety or infrastructure services, and City Manager McDowell stated that he is not saying that public safety cannot be cut because all departments will be examined, but probably public safety will have a higher priority than other areas. Council Member Strong inquired if the City Manager has asked departments to reduce the budget in this year's budget, and City Manager McDowell explained that he has asked for the 10% cut in next year's budget and expressed the opinion that any further reductions will adversely affect services. Mrs. Strong continued by stating that the City's foreman/worker ratio was something everybody was concerned about at the time of the adoption of this year's budget and suggested that more innovative methods be employed and possibly have the foreman serve as a worker or have one foreman for several jobs. She stated that she felt that most people who are working for the City would be willing to make that sacrifice. Mr. McDowell pointed out that the City has already approved some privatization of services. mutes Kegular Council Meeting December 8, 1987 Page 21 Mrs. Strong mentioned the fact that one service that could be eliminated would be the removal by the City of trapped animals, and City Manager McDowell agreed that there are several non-essential services that could be eliminated. Mrs. Strong also suggested giving credit on utility bills if citizens perform mowing and clean-up operations in their areas rather than depending upon the City to do it, and City Manager McDowell pointed out that the City needs to be very careful about giving credit on utility bills because this would mean giving away revenue. Council Member Moss stated that several references have been made to the Council Budget Committee and stated that he hoped that no one expected that Committee to work magic. He explained that they would just be a liaison with the staff and make recommendations in regard to possible reduction in services, etc. City Manager McDowell assured Mr. Moss that the staff views this as a team effort between the policy makers and the staff. Mayor Turner stated that she is in favor of a three -fold policy including: 1) cutting expenses, 2) improving services and 3) increasing revenue. She stated that the City needs a system that sets its goals, measures results, and provides rewards for performance. She stated that she would like for the Council to know specifically how a 10% cut will affect a department and how it translates in services. She stated that she would also like to have information to identify alternative ways to provide services such as the cost to contract out for legal services rather than employing more attorneys. City Manager McDowell stated that he felt that there were always some situations in which the City will have to contract out for legal services in specific types of situations, but the City Attorney can handle the normal types of services. He stated that he did not believe going completely outside for this type of service would provide monetary relief. Mayor Turner also suggested that during the City Manager's reorganization, he consider consolidation of departments, and City Manager McDowell stated that staff is examining this now. Mayor Turner also suggested coordination with other governmental entities for joint purchases and possibly for the expenses for school crossing guards. City Manager McDowell stated that the cost for school crossing guards is $250,000 annually and that is something that the Council might consider asking the schools to be responsible for, noting that the Attorney General has ruled that this is an expense that the school districts can assume, but stated that the schools have not expressed a willingness to do this. He stated that staff did approach Del Mar College and Corpus Christi Independent School District in regard to the possibility of joint purchasing, and there was no willingness indicated by either entity to do this. Lnutes ttegular Council Meeting December 8, 1987 Page 22 Council Member Strong suggested that there are other school districts who might be willing to consider joint purchasing, and Mr. McDowell agreed that working with other school districts is a possibility. Council Member Moss stated that one of the City's problems is that this City has one of the smallest tax bases per capita in the State and referred to pieces of property that are not properly appraised. He suggested that this be discussed with the Nueces County Tax Appraisal District to try to improve the method of setting valuations. City Manager McDowell agreed that this could be discussed and the City could also examine additional annexations even though they are not very well accepted. He also mentioned that the discount for the early payment of taxes costs the City about $750,000 per year. Council Member Pruet agreed that the City is suffering from loss of revenue because of the appraisal practices because using the sale of property as the basis for establishing property values is not a good method. He inquired as to how the Tax Appraisal District is made aware of the zoning changes which should increase the value of property. Assistant City Secretary Zahn informed the Council that copies of all zoning ordinances are mailed to the Nueces County Tax Appraisal District as soon as they are adopted by the Council. Council Member Pruet stated that he would like to have a report as to what occurs after they have been informed of the zoning changes, and City Manager McDowell stated that this will be provided to the Council. City Manager McDowell also stated that the Council has some control over the Tax Appraisal District through their appointments to the Board and suggested that they be very careful about future appointees to this Board. Council Member Moss referred to some property that is undeveloped on which taxes are not being paid such as the Blanche Moore Tract. City Manager McDowell stated that in regard to that piece of property, the City will be allowed to go back five years to collect taxes on the portion that has just been platted and sold. He felt that this would generate about $1 Million. Mayor Turner stated that in summary, she felt that the City Council is willing to make decisions to reduce expenses but services should be improved and they did not want a tax increase, and City Manager McDowell stated that he did not think that that was possible. He stated that at this point, he would hate for the Council to say that they will not make the decision to increase taxes. Discussion on the Blanche Moore Tract followed, and City Attorney George explained that on December 3, Mayor Turner, City Manager McDowell, Mr. Paul Pearson and Mr. Joe Garcia and himself had met to discuss the tract, noting that the agreement that was previously signed by the City was still a valid agreement between the developers and the City. He stated that a precedent had not been established in relation to the Blanche Moore Tract because there are many things that the developers agreed to do over and above what the Platting Ordinance requires. nut es ..egular Council Meeting December 8, 1987 Page 23 City Attorney George addressed the Council then and stated that he has an answer on the question as to whether an election can be conducted in January to replace the Council Member for District 1. He stated that Assistant City Attorney Jimmy Bray has researched the matter during the afternoon meeting and the legal opinion is that the City Charter provides that a majority of the Council will appoint the replacement for Council Member Mendez and there is no provision for an election to accomplish this. He stated that the City Charter is very clear that an election cannot be conducted for this purpose. A gentleman in the audience objected to the alley closing that was considered earlier during the meeting and stated that he had not been informed of the public hearing; he happened to see the notice in the newspaper but was under the impression that the meeting started at 2:00 p.m.; and stated that he has access through the alley to his property. He expressed concern that if the alley is closed at one end, the property owners at the other end will request closing also which would block his access. Mayor Turner suggested that the gentleman be informed when the ordinance is on the agenda for consideration so he may speak to the issue at that time. Council Member Berlanga stated that he did not know how the suggestion of an election to fill the position of the Council Member in District 1 was even considered, and he expected the Council to fill the vacancy in District 1 as soon as possible. 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 meeting was adjourned at 4:43 p.m. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of December 8, 1987, which were approved by the City Council on December 17, 1987.E WITNESSETH MY HAND AND SEAL, this the day of etty Turn -r, MAYOR Armando Chapa, City Secreta City of Corpus Christi