HomeMy WebLinkAboutMinutes City Council - 03/01/1988I L.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 1, 1988
9:00 a.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem David Berlanga, Sr.
Council Members:
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing
Mary Pat Slavik
Linda Strong
City Manager Craig McDowell
City Attorney Hal George
Asst. City Secretary Dorothy Zahn
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
Mayor Turner made opening remarks about the beautiful, new City Hall
Building and expressed appreciation to all those involved in this project for
their ideas and support, especially the people who voted for the bond election
to approve the funding for the building.
The invocation was given by the Reverend Jim Smith -Farris of Metro
Ministries following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member Slavik.
Ass't. City Secretary Zahn called the roll and verified that the necessary
quorum of the Council and the required charter officers were present to conduct
the meeting.
A motion was made by Mayor Pro Tem Berlanga that the Minutes of the Regular
Council Meeting of February 16, 1988 be approved as presented; seconded by
Council Member Slavik and passed unanimously.
Mayor Turner noted that Council Member Moss represented the Council at the
Texas State Highway Department Meeting in Austin and requested him to present
the Council with a report on the 2020 Transportation Plan Meeting.
Council Member Moss stated that the meeting was attended by Senator Carlos
Truan, Archie Walker and members of the Chamber of Commerce and City Staff. Mr.
Moss read part of the report in the paper and referred to comments made by the
Executive Director of the American Association of Highway Officials in
Washington who stated he was particulary impressed with the Corpus Christi
MICROFILMED
Minutes
Regular Council Meeting
March 1, 1988
Page 2
Chamber of Commerce Plan and stated that it was one of the finest documents in
that it ties so many transportation needs and resources to future international
trade prospects and suggested that copies go to the U.S. Chamber of Commerce and
to the States congressional leaders in order to spur more interest in the
proposal.
Mr. Ron Payne, President of the Chamber of Commerce, reported they had an
extremely successful day in Austin and are pleased with the effort that was put
forth because the package that was presented was favorably received. Mr. Payne
noted that Mr. Dave Cich will present the Council with a timetable for future
activities.
Mr. Archie Walker, Chairman of the Transportation 2020 Project, stated they
were extremely pleased with the reception they received in Austin and expressed
appreciation to everyone involved in the project.
Mr. Dave Cich, representing the Chamber of Commerce, passed out material to
the Council and gave a report on the timetable for strategy for future
activities.
Council Member Moss, Chairman of the Budget Committee, presented the first
interim report of the Budget Committee. Mr. Moss noted that the committee made
comparisons between Corpus Christi and five other Texas cities and noted that
our City compares favorably. Council Member Moss noted that the committee
recommends that the Council instruct the City Manager to proceed with developing
the detailed budget for FY 88-89 as proposed in an outline shown on Page 4 of
the Budget Report, and that the City Manager should be instructed to continue,
in orderly fashion, to look at services that could be performed more efficiently
by the private sector --privatization. Mr. Moss also presented other
recommendations and stated that with this proposed budget, the City will have
reduced expenditures and improved efficiency by more than 8% in two years.
Mayor Pro Tem Berlanga commended the Budget Committee on their report and
referred to one of their recommendations in reference to the school crossing
guard program. Mr. Berlanga stated that he hoped the Council will study this
very carefully; it is very vital to the citizens of Corpus Christi; and the
reason the City is paying that bill is because they have a verbal agreement with
the school district. Mr. Berlanga stated he would like to see that expense
taken off the City's rolls but that it should be done in a manner that will not
adversely affect the children of Corpus Christi.
Council Member Moss concurred with Mayor Pro Tem Berlanga and noted that
the Budget Committee had no intention of disbanding the program, and that it is
just a matter of trying to delete it from the City's expense.
It was the consensus of the Council that the Budget Report will be
discussed at a future mini -workshop.
Minutes
Regular Council Meeting
March 1, 1988
Page 3
Council Member Rhodes inquired about the Griffith Study, and Assistant City
Manager Juan Garza noted that the Council will receive the report some time in
March and that the Staff has not received it yet.
Council Member Pruet, Chairman of the Economic Development Task Force,
noted that the task force met four times during the past thirty days, had very
productive meetings and received a lot of input. Mr. Pruet requested that the
Task Force be extended for another thirty days in order to present the final
report of their recommendations to the Council. Mr. Pruet noted that if
economic development for the City is to be achieved, it is going to have to be a
coordinated effort.
A motion was made by Council Member Guerrero to extend the Task Force for
another thirty days, and the motion was seconded by Council Member Schwing.
Council Member Rhodes pointed out that there are so many task forces; this
particular task force made recommendations; actions took place; and
reorganization occurred before the Council received a single report. Ms. Rhodes
expressed concern that the entire Council is not receiving updates, and that the
Council, as a whole, should be making these decisions. She noted that a lot of
action happened before the Council received an interim report.
The vote on the aforementioned motion passed unanimously by the Council.
Ms. Linda Hodges of the Parks and Recreation Department in a comedy skit
presented items to the Council and City Staff which were left over from the
move.
Mayor Turner presented Certificates of Commendation to Mr. Edgar Farrera,
City Architect, and Ms. Sisu Morris, Moving Coordinator, for their assistance
and dedication in the City Hall move. Mayor Pro Tem Berlanga presented pins to
Mr. Farrera and Ms. Morris.
Mayor Turner referred to the Board & Committee Appointments. The following
appointments were made:
Transportation Advisory Board Municipal Arts Commission
Ariel Garcia Roland Gaona
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 3.
Minutes
Regular Council Meeting
March 1, 1988
Page 4
1. M88-0039
Approving the award for liquid chlorine furnished in one -ton cylinders to
Dixie Petro -Chemical, Inc. for an estimated total of $247,870 based on low
bid. The term of the contract is for twelve months with an option to
extend for an additional twelve months subject to the approval of the
seller and the City Manager, or his designee. Eight bid invitations were
issued and two bids were received.
2. M88-0040
Authorizing acquisition of Parcels B and C located on both Agnes and 18th
Streets between 17th and 18th Streets for $83,200 in connection with the
Hispanic Art Center Project.
3. M88-0041
Designating the Leopard and Staples entry ways for the new City Hall as
locations for posting of notices of official Meetings until such time as a
permanent City Bulletin Board is constructed.
Mayor Pro Tem Berlanga informed the Council that Mr. Kevin Walker has been
chosen as the new Director of the Heart of Downtown. Mr. Berlanga noted that
Mr. Walker is from a small town in Kansas; he has a long record of
revitalization; and he will assume his duties in April.
In reference to Item No. 2 pertaining to the Hispanic Art Center - Parcels
B & C, Council Member Slavik noted that the City is purchasing two parcels for a
total of $83,200 and inquired about negotiations on a third parcel, and City
Manager McDowell noted that the City is currently discussing Parcel A which is
located on the corner.
Council Member Slavik inquired about the owner of Parcel A, and Assistant
City Manager Elizondo noted that Parcel A is Urbina's Garage and that is the
party the City is negotiating with. He noted that the two lots in Parcel A are
60 x 60.
Council Member Slavik noted that the bottom line is that the City is not
spending more than was allocated, and Assistant City Manager Elizondo concurred.
There were no comments from the audience on the Consent Motions.
Before the vote to approve Motions 1 thru 3 was taken, it was noted that
Mayor Pro Tem Berlanga and Council Member Guerrero have filed affidavits on Item
No. 2 and abstained from the discussion and the vote.
A motion was made by Council Member Pruet to approve Motions 1 thru 3;
seconded by Council Member Strong and passed unanimously; Berlanga and Guerrero
abstaining on Item No. 2.
Minutes
Regular Council Meeting
March 1, 1988
Page 5
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings on Items 4 thru 11, and Council Members
requested that Items 8, 10 and 11 be withheld for discussion.
There were no comments from the audience on the other items.
Assistant City Secretary Zahn polled the Council for their votes and the
following were passed.
4. RESOLUTION NO. 20215
APPROPRIATING $1,175 FROM THE 250 SANITARY SEWER BOND FUND FOR ACQUISITION
OF PARCEL 2 IN CONNECTION WITH THE I.H. 37 UTILITY ADJUSTMENTS PROJECT.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
5. RESOLUTION NO. 20216
APPROPRIATING $12,100 FROM THE 205 WATER BOND
PARCEL 3 BY CONDEMNATION FOR THE I.H. 37/U.S.
RELOCATIONS AND UTILITY ADJUSTMENTS PROJECT.
The foregoing Resolution passed by the following
Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and
FUND FOR ACQUISITION OF
77 INTERCHANGE WATERLINE
vote: Turner, Berlanga,
Strong voting, "Aye."
6. RESOLUTION NO. 20217
APPROPRIATING $7,325 FROM THE 250 SANITARY SEWER BOND FUND FOR ACQUISITION
OF PARCEL 4 IN CONNECTION WITH THE I.H. 37/U.S. 77 INTERCHANGE WATERLINE
RELOCATIONS AND UTILITY ADJUSTMENTS PROJECT.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
7. RESOLUTION NO. 20218
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
PARCEL 7 IN CONNECTION WITH THE UPRIVER ROAD STREET
APPROPRIATING $68,451.68.
THE ACQUISITION OF
IMPROVEMENTS; AND
The foregoing Resolution passed by the following vote:
Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong
Turner, Berlanga,
voting, "Aye."
Minutes
Regular Council Meeting
March 1, 1988
Page 6
9. RESOLUTION NO. 20220
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 33 THROUGH 36 IN CONNECTION WITH THE HOLLY ROAD STREET
IMPROVEMENTS; AND APPROPRIATING $60,661.60.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
In reference to Item No. 8 pertaining to the Memorial Coliseum - Insulation
Removal and Replacement, Council Member Moss noted that there was a time penalty
on this item and inquired if this is legal and enforceable, and City Attorney
George replied in the affirmative.
In answer to a question from Council Member Slavik, City Attorney George
stated there has been a recommendation from the consultant that this should be
done and that he saw some potential liability if it is not done.
Council Member Slavik inquired about the kind of material to be used to
replace the asbestos insulation, and Bill Hennings, Assistant City Manager,
replied it will be a spray -on insulation similar to that used at the Convention
Center and Exhibit Hall. He stated he did not know the name of the material but
it has acoustical and insulation properties.
In reference to Item No. 10 pertaining to the Austin Neighborhood Park
Improvements, Council Member Moss inquired if there was a mistake in the
tabulation of bids, and Engineering Services Director, Victor Medina, replied in
the affirmative.
In reference to Item No. 11 pertaining to the approval of funding for
Renovation to Dick Runyan Baseball Field, Council Member Guerrero noted that
this is a dangerous situation in the appropriation of these funds and stated
that even if the baseball park needs it, this action presents an argument for
the City operating all of the baseball parks if the City can allocate this kind
of money out of the Park Bond Fund into one particular unit. He stated that he
recognizes that this was a landfill, but Greenwood is also a landfill and the
parks in that area need an awful lot of help. Mr. Guerrero urged the Council to
vote against this and noted that this park is also supported by the parents that
participate, and this should not be set aside simply because the City owns it.
He noted if that is the case, then the City should own all the parks and fund
those parks and upgrade them also.
Assistant City Manager Hennings stated this is the only baseball field that
is operated by the City, and it is a program of improvements that was in the
1986 bond election that did not have funds available until the next bond sale to
begin that work. Mr. Hennings noted that the season begins in the next few
weeks and this demands some immediate action. He stated that this proposal is
to use surplus funds from projects which came in under estimate to try to
accomplish the most needed repairs, and hopefully then the City can get thru
Minutes
Regular Council Meeting
March 1, 1988
Page 7
the next season and sell the bonds and go ahead and make the permanent
improvements.
Council Member Guerrero noted that the only reason that there are
unappropriated funds is that many of the other parks did not get what they
needed. He stated perhaps those funds should be redistributed equally. Mr.
Guerrero noted he disagreed with this action and stated that he does recognize
the fact that the park does need to be upgraded, but to separate that park from
all the other parks simply because the City owns it is incorrect. He stated if
that is the case, he proposes that the City buy all the other parks; that they
lease them for $1.00; and upgrade those parks also.
Mayor Turner inquired if this was a recommendation from the Park and
Recreation Board, and City Manager McDowell stated this was a Staff
recommendation and noted that the overall bond program was considered by that
Board.
Council Member Slavik expressed concern and suggested withdrawing this item
and sending it to the Park Board for discussion.
A motion was made by Council Member Guerrero to defer this item today and
send this matter to the Park Board for further discussion of the appropriation
of these funds. The motion was seconded by Council Member Schwing.
Mayor Pro Tem Berlanga concurred with Council Member Guerrero and stated he
thought the City needs more even distribution of those funds. He stated that
the Park Board rarely knows the Council's feelings about these funds, and that
the Council should make it a point to have one of them go to the Park Board and
let them know their feelings or have a memorandum sent to them concerning the
Council's concerns about the distribution of these funds.
Council Member Rhodes stated she did not think the Council ought to
inform the Park Board about their feelings because they are an advisory board
and they should be advising the Council on their opinions. She stated she did
not have a problem going to the Park Board and felt something has to be done
about the field. She stated it is the only City -owned park; people from all
over the community use it; and the City needs a City -owned baseball field that
is in decent condition. Ms. Rhodes referred to the community block grant money
and that a lot of time was spent on that, and the even distribution of monies to
parks was pretty evident during that time. She stated the City put a lot of
money into parks and it was very evenly distributed throughout the community.
Mayor Turner concurred with Council Member Rhodes and noted this park needs
some money spent on it immediately. She inquired about the timing on this
particular project because of the upcoming baseball season, and City Manager
McDowell noted that is why Staff is recommending to proceed at this point to
complete the work before the season starts.
Minutes
Regular Council Meeting
March 1, 1988
Page 8
Council Member Guerrero stated that one of his concerns is that the Park
Board has many experts in baseball that are very involved, and they should have
the opportunity to provide the Council their feedback.
Council Member Rhodes inquired about how fast a recommendation could come
back from them, and Assistant City Manager Hennings stated this particular
recommendation did not go before the Park Board; they have been pressing the
Staff to find some solution to make these immediate repairs; and Staff feels
confident they would support this if this recommendation was brought to them.
Council Member Guerrero stated he is getting different feedback from the
Park Board and he would like the opportunity to have that information. It was
noted that their next meeting is March 9.
Council Member Pruet concurred with Council Member Rhodes and stated the
City needs".to move on it; it is a City -owned facility used by people throughout
the City; hnd the City needs to make those repairs. He noted it is not a
neighborhood park.
The voteon the aforementioned motion by Council Member Guerrero failed by
the following. vote: Berlanga, Guerrero, Schwing and Slavik voting "Aye";
Turner, Moss, $hodes, Pruet and Strong voting, "No."
Council Member Moss noted that this is an internal accounting; that is all
that is being. asked for; the issue is talking about future improvements with
City forces On parks; this has already been accomplished; and it is a matter of
taking care of the bookkeeping today.
Mayor Turner stated that the City needs a systematic schedule for
maintenance and improvements to every park in the City. She noted that Council
Member Schwing has raised this question many times, and it is important that the
City move forward with that so that the districts are well aware of when those
improvements are being made to the various City and non -City parks.
Council Member Moss stated he thought that is an issue that ought to be
looked at in the future, but this is one that needs to be taken care of now.
There were no comments from the audience.
Assistant City Secretary Zahn polled the Council for their votes and the
following were passed and failed:
8. RESOLUTION NO. 20219
AUTHORIZING THE EXECUTION OF A CONTRACT WITH METROPLEX INDUSTRIES, INC. FOR
THE REMOVAL AND REPLACEMENT OF INSULATION AT THE MEMORIAL COLISEUM AND THE
EXECUTION OF AN AGREEMENT WITH ASBESTOS CONTROL CONSULTANTS, INC. TO
PROVIDE DAILY INSPECTIONS AND AIR MONITORING DURING PROJECT CONSTRUCTION;
AND APPROPRIATING $584,800.
Minutes
Regular Council Meeting
.March 1, 1988
Page 9
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
10. RESOLUTION NO. 20221
AUTHORIZING THE EXECUTION OF A CONTRACT WITH PROGRESSIVE STRUCTURES, INC.
FOR THE DEVELOPMENT OF A NEIGHBORHOOD PARK TO SERVE THE AUSTIN AND SANTA
ELENA SUBDIVISION AREAS; AND APPROPRIATING $97,449.51.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
11. Failed to Pass
APPROPyJATING $21,000 OUT OF PARK BOND FUND 11291 FOR WORK TO BE
ACCOMPLISHED AT DICK RUNYAN TEENAGE BASEBALL FIELD BY PARK CONSTRUCTION
FORCES.
The foregoing Resolution failed by the following vote: Turner, Moss,
Pruet, Rhpdes voting, "Aye"; Berlanga, Guerrero, Schwing and Slavik voting,
"No"; Strong absent at the time the vote was taken.
A second?motion was made by Council Member Rhodes to refer this item to the
Park Board and have it placed on the agenda in two weeks. The motion was
seconded by Council Member Pruet and passed unanimously; Strong absent at the
time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 12 and 13 on the agenda.
It was noted that Mayor Turner and Council Member Strong have filed
affidavits on Items 12 and 13 and will abstain from voting.
Dan Blosser, Risk Manager, stated that over the last six months the City
has been investigating the opportunity for the City to contract out its employee
medical services. He noted that the recommendation before the Council is one
that was hard to arrive at and was arrived at by a selection committee
consisting of Dr. Nina Sisley, Frank Forbes and himself. Mr. Blosser stated
that the Selection process was highly subjective and the committee tried to
select and recommend to the Council the facility that would give the City
employees the best possible service over the long run. He stated that they
recommend that the Everhart Medical Clinic be the clinic to represent the city
as a City physician's office.
Council Member Pruet noted that the Council received additional information
in their packets outlining a number of points that the selection committee used
Minutes
Regular Council Meeting
March 1, 1988
Page 10
in making their determination. He inquired if the bidders were advised of those
criteria or qualifications at the time they went out for their proposals.
Mr. Blosser replied they were not, but that the committee did indicate very
clearly that they were going to be selecting on a professional services basis.
He noted that the specifications that went out basically tried to draw forth
what their facilities were like, the resumes of the physicians and other medical
personnel. He stated that the committee relied heavily on Frank Forbes'
experience, on his personal experience in conducting a contract of this nature
in another city, and on Dr. Sisley's recommendations as a medical person. He
stated that they approached it on a professional services basis bid award.
Council Member Pruet noted that from the information that was provided to
the Council, he is having some difficulty justifying what they may have had a
lot of information and data to base their opinions on. He stated he does not
see it from the information the Council was given and if their recommendation is
that subjective, then probably the qualifications were predetermined by the
selection committee.
Mr. Blosser stated the committee had a difficult time with this matter and
stated it is extremely difficult to select one physician or hospital over
another. He stated that experience was an important factor in their judgement
and recommendations.
Council Member Pruet stated that if the Council is now being asked to make
a subjective judgement, he has a real problem in doing so. He stated he hoped
there was some way that the committee could present the Council with something
concrete as the basis for the recommendation.
Mr. Blosser stated that the list of references and the work previously
performed by the Everhart Clinic also played an important role in the selection
process. He stated they have a proven track record and noted that some of the
ether facilities have a track record, but the committee did not feel that they
compared to the level of the Everhart Clinic.
Juan Garza, Assistant City Manager, noted that he
exclude anyone. He stated that he wanted to deal in
program together that could satisfy the services that
was quite possible that any of the bidders could have
of providers that would have combined the experience
comp matters.
made the decision to not
terms of who could put a
the City wanted, and it
put together a portfolio
in dealing with workers'
Council Member Slavik referred to Item No. 4 in the support material and
inquired about the main difference in the groups submitting proposals, and Mr.
Garza stated that in his mind, it would be experience in dealing with workers'
compensation matters and administration, the understanding of the law, and the
understanding of how to treat employees.
Minutes
Regular Council Meeting
March 1, 1988
Page 11
Council Member Slavik noted that some of the other applicants have
indicated they could do the same thing, but it was her understanding that they
did not have the extent of the facilities that the Everhart group did.
Mr. Garza stated there were three facilities that were quite good that they
would have considered more than acceptable for the City employees. Mr. Garza
noted that one of the things that was difficult about the contract is that the
Staff cannot give the Council any guarantees except that they will monitor it
monthly; they will look at what they have done; they will look at what the City
expected them to do; and make sure they are getting the services they are
supposed to be getting. He stated that they went with what they thought was the
most experienced firm in that area.
Mr. Garza continued by stating it is a 60 -day contract; it has a 60 -day
cancellation clause; it will be reviewed monthly; and if the City is not getting
what they are supposed to be getting, they will give notice.
Council Member Rhodes concurred with Council Member Pruet and stated it is
very difficult to approve this when the bid that the City is accepting is so
much higher than the other bids. She stated that she did not think the
background information that the Council was given proves the case. She inquired
why this does not fall under regular medical insurance, and Mr. Garza stated
this is a matter of law.
Council Member Rhodes inquired if the references were checked, and Mr.
Garza replied he personally did not check them, but they were checked by Dr.
Sisley, Frank Forbes and Dan Blosser.
Council Member Rhodes inquired if the medical community was consulted, and
Mr. Garza replied not to his knowledge and that he was emphasizing the workers'
compensation aspect of it and the importance of how they handle injured
employees.
Mr. Garza stated the City is working on a rehabilitation program. He stated
that a contract will shortly be brought to the Council with the Texas
Rehabilitation Commission to help the City employees be rehabilitated to a point
where they can work again. He noted that the idea that they want to convey to
the employees is that the City cares for them.
Council Member Rhodes stated there are people who specialize in
rehabilitation in the community with physical therapy facilities and that she is
not sure this particular facility is noted for that. Ms. Rhodes referred to the
Minutes that were approved at the last Council Meeting and read an excerpt from
the Minutes where Mr. Garza stated he would do something in the two-week
extension period. Mrs. Rhodes noted this was not done; the Health Board was
frankly told it was none of their business; and they were not given the
opportunity to provide discussion and input into this question. She stated she
Minutes
Regular Council Meeting
March 1, 1988
Page 12
still feels this is something the Health Board should consider this since that
Board has a number of people who have contacts in the medical community; they
are people related to the health field; and Dr. Sisley is supposed to be the
City's health expert. Ms. Rhodes noted they should have been able to discuss
this at the Health Board meeting which occurred the day after the Council
Meeting, and then provided the Council with some pros and cons on what they feel
is a recommendation. She stated the Council has not had any input on whether or
not employment of a City physician would have saved money or if this is the most
cost efficient solution.
Assistant City Manager Hennings stated that the day after that Council
Meeting, he went to the Citizens Advisory Health Board Meeting. He stated that
he informed the Board that the Mayor and Council Member Rhodes asked that this
item go before the Health Board, and that he advised them it was not a public
health issue and it was not their concern. Mr. Hennings stated that during the
meeting the subject was brought up and the Board did ask for a status report,
and they did have a lengthy discussion on it. He stated they did not take a
position on it, and it was his perception that they were not ready to support
the recommendation, but neither did they indicate opposition to it. Mr.
Hennings further stated he did not ask them to take a position.
Council Member Rhodes inquired if the Staff is convinced that this is the
least expensive method. She referred to the half -million dollar cost and noted
that she understands there is a physician who is willing to take the position
for $69,000.
Mr. Hennings stated that Dr. Sisley and he agree that is not the issue; the
issue is the cost of the program; the report before the Council indicates that
$200,000 a year can be saved; and based on that, it has their support.
Council Member Moss inquired if this is a fixed price, and Assistant City
Manager Juan Garza replied it is a fixed price based on the level of activity
that the City's records show they are presently utilizing. He noted that if the
actual cost drops 10%, then the City renegotiates the contract for a lower
price, and that is included in the contract.
Council Member Moss referred to figures that were proved and inquired if
the outside services included any hospitalization, and Mr. Garza replied he is
sure it does and that hopsitalization is probably a very small percentage of the
$600,000 that was spent last year. He noted that the bulk of the City's
injuries are non -hospitalization matters.
Council Member Moss noted that he does not disagree with the concept; the
two facilities are very close dollarwise; the one that is recommended is fifty
percent higher; and that is where the problem lies. Mr. Moss referred to the
contract and inquired if it should state that the City prefers that the
physician refer any cases that require hospitalization to go to Memorial Medical
Center because that is a tax supported hospital, and Mr. Garza replied that can
Minutes
Regular Council Meeting
March 1, 1988
Page 13
be done, but that the employees would have the right to select the hospital.
Council Member Moss inquired if he is right in assuming that the contract
requires that whoever the City awards this to have medical insurance so that the
City is protected, and Mr. Garza replied in the affirmative.
Council Member Rhodes inquired if the employees will be required to use
this facility, and Mr. Garza replied in the affirmative. He stated they are
required to be seen by the City's physician once; after that, if they choose to
see another physician, then the City is required legally to allow them and cover
their costs.
Council Member Rhodes inquired if the City willhave that additional cost
on top of the contract with the center, and Mr. Garza stated that the Everhart
Clinic has a return rate of in excess of 95 percent for the injured employees
who go there. He stated their referrals to other physicians are very small.
Council Member Rhodes referred to support material that states 2/3 of the
people who are involved in the workers' compensation programs chose to go to
their cwn private physicians. Ms. Rhodes inquired wouldn't the City have 2/3 of
that cost in addition to the contract, and Mr. Garza stated their track record
is that they get the return of about 95 percent of the time.
Mayor Pro Tem Berlanga noted that he is skeptical about this and referred
to privatization. He stated he was a City employee and that he knows by
experience the type of service they received. He noted it is going to be very
difficult to be able to compensate the $200,000 that the City will save in
relation to the in-kind services and the treatment that the City employees have
received. He noted that Council Member Rhodes mentioned the City has not had
proper input from the people who are knowledgeable. Mr. Berlanga stated he is
for saving if the City is going to get the same or better services. He stated
he did not see how the City can make that change without hurting the morale and
hurting the services that the City is going to give their employees. He
inquired if there is a doctor interested in the position, and Assistant City
Manager Juan Garza replied there is a doctor that showed interest when the Staff
interviewed the applicants, but that he would not be available for employment
until April.
Assistant City Manager Hennings stated that there is someone who expressed
interest; Staff thinks they could fill the position; the best candidate from the
last recruitment process would be available in a month; and that the
recommendation before the Council today proposes to save $200,000. He noted
that Dr. Sisley and he cannot say that they can hire a physician, operate the
City physician's office as in the past and save $200,000.
Council Member Schwing stated that he is hearing the Staff say that all
three facilities were qualified for the service and that one of the emphasis was
how they handled the numbers of claims they handled, and maybe the other two
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Regular Council Meeting
March 1, 1988
Page 14
facilities haven't had the opportunity to do it. He pointed out that it tells
him that one of them did not stand out and yet the City is willing to spend
one-half million dollars more to find out... when the Staff has indicated it is
going to be monitored every month. He noted that the one-half million dollar
difference was not shown in the paperwork that the Council received.
Assistant City Manager Juan Garza stated they had a difficult time making a
decision and that he could not make a judgement as to who is a better doctor,
but that once he zeroed in on who has been providing the service, the number of
clients they have, the systems in place to handle the paperwork, etc. the choice
became clear and that was the Everhart Clinic.
Council Member Schwing inquired how the Staff justifies the one-half
million dollars if they are all qualified, and Mr. Garza replied in terms of
their experience in dealing in workers compensation matters and handling an
occupational health clinic.
City Manager McDowell referred to the public organizations that utilize
that facility and that the Staff felt they had the expertise in handling large
organizations and that played a significant role in the Staff's decision to make
this recommendation to the Council. He noted that the Staff did talk to the
organizations.
Council Member Guerrero noted that he and Mr. Garza have had lengthy
discussions on this matter and do not agree with the conclusion. He noted the
contract is weak and referred to saving $200,000 while spending $500,000. He
stated he is very uncomfortable with the situation and cannot support it.
Mr. Cecil Burney, 4500 Ocean Drive, an attorney representing the Minor
Emergency Center, stated he agrees with those who stated this matter is not
ready to be decided today. He referred to the Everhart Clinic and stated at
that locaticr there are two different services provided; there are two
corporations there; and one is run by a group of laymen and the other by a
doctor. He noted that the Minor Emergency Center has been in business six years
and has dealt with large organizations that are their clients.
Ms. Sandy Hollums, Administrator of the Minor Emergency Center, stated that
the staff is qualified with degrees to take care of workers' comp injuries, and
there is not a big turnover rate. She stated that the only difference between
the Everhart Clinic and the Minor Emergency Center is that the Everhart Clinic
provides physical therapy on their premises. Ms. Hollums asked the City Council
to request a reevaluation and stated she did not see Frank Forbes and Dr. Sisley
go through the Minor Emergency Center. She noted that Dan B]osser was there
briefly on two occasions and she does not feel that a subjective decision can be
wade on just two short visits by one person. Ms. Hollums continued by stating
that it is very important to the taxpayers that all aspects of health care be
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Regular Council Meeting
March 1, 1988
Page 15
considered, and they are prepared and capable and can handle the workers' comp
for the City.
Council Member Moss inquired if they are equipped to handle major medical
cases, and Ms. Hollums replied in the affirmative.
Council Member Moss inquired how many licensed physicians are on their
staff, and Ms. Hollums replied one full-time physician and eight part-time
physicians who work in the evenings. Ms. Hollums invited the Council to visit
their facilities.
Council Member Slavik referred to the support material the Council received
and the bid from the Minor Emergency Center which states their bid is not based
on CPI. She asked how much that would affect their bid and what would be the
expense for physical therapy, and Mr. Blosser referred to the CPI and noted that
was not figured in and unknown at this time. He referred to physical therapy
and stated a dollar figure is difficult to establish and noted it could amount
to $100,000 to $150,000.
Council Member Slavik referred to the bid from the Osteopathic Hospital and
asked if it would be fair to take their bid and add $150,000 to that for
physical therapy, and Mr. Blosser stated those bids where physical therapy is
not done on site and is not included in the flat fee basis, $150,000 for
physical therapy could be added to their bid price. Mr. Blosser referred to the
Osteopathic Hospital and stated the physical facilities and the layout would not
lend themselves, in the committee's opinion, to being used as a clinic for City
employees. He stated the parking is inadequate and the committee felt it was
not a workable situation.
Council Member Rhodes inquired of Ms. Hollums what they do for
rehabilitation, and Ms. Hollums replied patients are referred to the physical
therapy services at Memorial Medical Center.
Council Member Rhodes inquired what they estimate the additional cost would
be since that is not something the Minor Emergency Center could provide, and Ms.
Hollums stated that, in her opinion, not everyone requires physical therapy.
She stated it is her belief that the overall fee for physical therapy services
will probably be less than it is at the present time.
In answer to a question from Council Member Rhodes about an additional
cost for physical therapy, Mr. Blosser stated that a lot of injuries require
physical therapy; there is not a lot of physical therapy work done right now;
and $100,000 to $150,000 would be the best estimate according to the rate of
injuries.
Dr. Thomas York, Medical Director of the Everhart Medical Clinic, stated
they limit their practice to only occupational medicine; they have five
physicians who are board certified; they have a physical therapy department
which is staffed by registered occupational therapists as well as physical
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Regular Council Meeting
March 1, 1988
Page 16
therapists. Dr. York explained the services that the Everhart Medical Clinic
offers at their facility.
In answer to a question from Council Member Moss, Dr. York explained that
the medical clinic is owned and operated by the doctors.
Council Member Moss inquired of Dr. York if they would have problems with
referring any hospital patients to Memorial Medical Center, and Dr. York replied
they would not, that their burn patients go there now. He stated that the
reason they use Southside Hospital is because they are close to them; they are
staffed with emergency trained doctors capable of caring for injuries.
Council Member Rhodes referred to the 60 -day trial period, and Assistant
City Manager Juan Garza stated that the contract has a 60 -day cancellation
clause, and the City will pay it on a monthly basis.
Council Member Rhodes asked if at the end of 60 days, could the Council
review this, and Mr. Garza stated the Staff will review the results every thirty
days; they did not plan to bring it back to the Council; but they will.
Council Member Rhodes requested to see a 60 -day report.
Dr. David Gray, Co -Director of
Center and Medical Director of the
associated with the Minor Emergency
full-time physician and noted that
the clinic, he is going to see the
the center shares a building with an
the Emergency Department at Memorial Medical
Minor Emergency Center, stated he has been
Center for two years. He stated they have a
in most cases when a City worker goes into
same physician. Dr. Gray pointed out that
orthopedic surgeon.
Dr. Bill Dennis, representative of the Thomas -Spann Clinic, noted that
their name is not on the list because they were not aware of the bid process.
He suggested that if the bid is awarded that it be reevaluated in one year.
Assistant City Manager Juan
advertised the RFP for two weeks
Clinic was included on the list.
Garza informed the Council that the City
and mailed out RFP's and the Thomas -Spann
Dr. Sam Ganz, 4105 Walnut Hills, explained the functions of his facility.
He noted they have been in the business of doing workers' comp for twenty years;
they have four full-time physicians; they have adequate experience; they have
many small accounts and service them well. Dr. Ganz stated that in his bid he
offered to assist the City in their employee assistance program at no charge.
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Regular Council Meeting
March 1, 1988
Page 17
Council Member Slavik inquired of Dr. Ganz if they do rehabilitation in
their facility, and Dr. Ganz replied in the affirmative and stated that all
their physicians are osteopathic doctors.
Assistant City Secretary Zahn polled the Council for their votes and the
following failed to pass:
12. Failed to Pass
AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES CONTRACT WITH EVERHART
OCCUPATIONAL MEDICINE, INC. FOR OCCUPATIONAL MEDICAL SERVICES; AND
APPROPRIATING $200,000.
The foregoing Resolution failed by the following vote: Berlanga, Moss,
Pruet and Rhodes voting, "Aye"; Guerrero, Schwing and Slavik voting, "No";
Turner and Strong abstaining.
13. Failed to Pass
AMENDING ORDINANCE 19892 WHICH ADOPTED THE 1987-88 BUDGET BY CREATING A NEW
ACTIVITY CODE, MEDICAL CLINIC; AND DECLARING AN EMERGENCY.
The foregoing Ordinance failed by the following vote: Berlanga, Moss, Pruet
and Rhodes voting, "Aye"; Guerrero, Schwing and Slavik voting, "No"; Turner
and Strong abstaining.
Discussion followed by the various Council Members regarding Items 12 and
13, and a motion was made by Council Member Slavik to reconsider the bids with
more itemization of the bids and better documentation to be brought back to the
Council in thirty days. The motion was seconded by Council Member Pruet and
passed by the following vote: Berlanga, Guerrero, Moss, Pruet, Schwing and
Slavik voting, "Aye"; Rhodes voting, "No"; Turner and Strong abstaining.
* * * * * * * * * * * * *
Mayor Turner referred to Item No. 27 and noted that she is moving it up on
the agenda because there are several people in the audience present to discuss
this case. Mayor Turner also noted that she will be abstaining from discussion
and voting on this case because of a conflict of interest.
Mayor Pro Tem Berlanga opened the public hearing on the following zoning
application:
27. Application No. 288-5, Nueces County, Texas: For a change of zoning from
"I-2" Light Industrial District and "I-2" Light Industrial District with a
"SP" Special Permit to "B-4" General Business District on a portion of Lot
1, Block 15, Airport Industrial Subdivision, located on the west side of
North Padre Island Drive, approximately 200' south of Forest Lane.
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Regular Council Meeting
March 1, 1988
Page 18
Mayor Pro Tem Berlanga noted that the Planning Commission and Planning
Staff recommend denial, and in lieu thereof, grant a revised special permit for
a 240 -bed, low-risk, minimum security jail consisting of a 96 -bed dormitory area
for males, a 96 -bed, single cell, direct supervision, two-story area for males,
a 48 -bed, single cell, direct supervision, two-story area for females, which, in
an emergency could be used for males, and with outdoor facilities for the
unloading of prisoners and an exercise area in accordance with the site plan
submitted.
Mic Raasch, Acting Director of Planning, located the area on the zoning and
land use map, described the land use in the surrounding area and showed slides
of the vicinity.
No one spoke in opposition to this zoning case.
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Pruet and passed unanimously by those present and
voting; Turner abstaining.
Assistant City Secretary Zahn polled the Council for their votes and the
following Ordinance was passed:
ORDINANCE NO. 20230
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES COUNTY, TEXAS, BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A 240 -BED LOW RISK MINIMUM SECURITY
JAIL CONSISTING OF A 96 -BED DORMITORY AREA FOR MALES, A 96 -BED, SINGLE
CELL, DIRECT SUPERVISION, TWO-STORY AREA FOR MALES, A 48 -BED, SINGLE -CELL,
DIRECT SUPERVISION, TWO STORY AREA FOR FEMALES, WHICH, IN AN EMERGENCY,
COULD BE USED FOR MALES, AND WITH OUTSIDE FACILITIES FOR THE UNLOADING OF
PRISONERS AND AN EXERCISE AREA, ON 79,689 SQUARE FEET OUT OF LOT 1, BLOCK
15, AIRPORT INDUSTRIAL PARK; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik
and Strong voting, "Aye"; Turner abstaining.
* * * * * * * * * * * * *
A motion was made by Council Member Strong to recess the Council Meeting at
11:45 a.m.; seconded by Council Member Pruet and passed unanimously by those
present and voting.
* * * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 3:50 p.m.
Mayor Turner called for consideration of Items No. 14 through 16.
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Regular Council Meeting
March 1, 1988
Page 19
Council Member Schwing referred to Item No. 14 pertaining to the Use
Privilege Agreement with Charles DeCou and inquired if this ordinance grants
permission to use the right-of-way, and Mr. McDowell replied in the affirmative.
Council Member Rhodes referred to Item No. 16 pertaining to the Police
Civilianization Plan and requested clarification on what is being changed. Mr.
McDowell stated that this recommendation amends the previously approved
ordinance to allow that either Identification Technician T or Identification
Technician II level employees could be hired for vacancies.
Mayor Pro Tem Berlanga inquired if civilian supervisors supervise police
officers; and Mr. McDowell replied that they can only supervise civilian
employees.
Mayor Pro Tem Berlanga inquired if civilians are taking positions that
should be police officer positions, and if so, why police officers are not doing
these jobs.
Ken Bung of the Police Department replied that police officers are doing
these jobs right now and they are needed for active duty.
There were no comments from the audience.
Assistant City Secretary Zahn polled the Council for their votes and the
following were passed:
14. ORDINANCE NO. 20222
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH CHARLES DeCOU
TO ALLOW THE INSTALLATION OF AN OVERHEAD BUILDING CANOPY APPROXIMATELY NINE
FEET ABOVE THE SIDEWALK LEVEL IN THE PUBLIC RIGHT-OF-WAY OF WILLIAMS
STREET; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken.
15. ORDINANCE NO. 20223
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH RAYMOND HARDING
TO ALLOW THE INSTALLATION OF AN OVERHEAD BUILDING CANOPY APPROXIMATELY NINE
FEET ABOVE THE SIDEWALK LEVEL IN THE PUBLIC RIGHT-OF-WAY OF TWIGG STREET
AND NORTH CHAPARRAL STREET; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken.
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Regular Council Meeting
March 1, 1988
Page 20
16. ORDINANCE NO. 20224
AMENDING ORDINANCE 19997,
SWORN POLICE POSITIONS,
POSITIONS BE AT THE GRADE
WHICH PROVIDED FOR THE CIVILIANIZATION OF ELEVEN
BY PROVIDING THAT IDENTIFICATION TECHNICIAN
18 OR GRADE 20 LEVEL; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken.
Mayor Turner called for consideration of Items 17 thru 22.
Council Member Moss referred to Item No. 17 pertaining to the Seafood
Concession at the Airport and inquired if this vendor has been successful; Mr.
McDowell replied in the affirmative.
Mayor Pro Tem Berlanga inquired if this position had been advertised, and
Mr. McDowell stated that it was and this vendor was the only proposer.
• There were no comments from the audience.
Assistant City Secretary Zahn polled the Council for their votes and the
following were passed:
17. FIRST READING
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRANT'S PLACE, INC. DBA
RIVIERA REDS SEAFOOD FOR THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND
ALLIED SPECIALTIES CONCESSION AT THE AIRPORT; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Pruet absent at the time the vote was taken.
18. SECOND READING
AMENDING THE CITY CODE CHAPTER 53, TRAFFIC, SECTION 53-60, SAME --REDEMPTION
OF VEHICLES; FEES FOR IMPOUNDMENT AND STORAGE; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Pruet absent at the time the vote was taken.
19. SECOND READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, SECTION 13-38, FEES FOR
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Regular Council Meeting
March 1, 1988
Page 21
IMPOUNDING, STORAGE, ETC., PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Pruet absent at the time the vote was taken.
20. SECOND READING
AMENDING THE CITY CODE BY REPEALING ARTICLE V, CHAPTER 57, AUTO WRECKERS,
AND BY ADOPTING A NEW ARTICLE V: DEFINING TERMS; PROVIDING A PENALTY FOR
VIOLATIONS; REQUIRING OPERATORS OF AUTO WRECKER SERVICES TO APPLY FOR AND
POSSESS AN AUTO WRECKER PERMIT FROM THE CHIEF OF POLICE; PROVIDING FOR
INSPECTION AND CERTIFICATION OF AUTO WRECKERS USED BY SAID AUTO WRECKER
SERVICES; PROVIDING FOR FEES FOR APPLICATION; PERMIT AND RENEWAL OF PERMIT;
PROVIDING FOR SUBSTITUTION OF WRECKERS BY PERMITTEE; PROVIDING FOR
ADDITIONAL AUTO WRECKERS TO BE ADDED TO THE PERMIT OF A PERMITTEE;
REQUIRING INSURANCE TO BE CARRIED BY THE PERMITTEE; REQUIRING PERMITTEE TO
MAINTAIN AN ADEQUATE STORAGE AREA; MAKING PROVISIONS FOR TOWING OR MOVING
OF VEHICLES; PROVIDING A SYSTEM FOR THE DISPATCHING OF WRECKERS TO THE
SCENE OF DISABLED VEHICLES; REGULATING FEES AND CHARGES FOR WRECKER
SERVICE; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON PUBLIC
STREETS; PROVIDING THAT EACH WRECKER PERMIT SHALL BE NON -TRANSFERABLE;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Pruet absent at the time the vote was taken.
21. ORDINANCE NO. 20225
AMENDING THE CITY CODE, CHAPTER 57, VEHICLES FOR HIRE, SECTION 57-135,
FARES --AMOUNTS, PROVIDING FOR A $.50 SURCHARGE PER FARE COLLECTED FROM
PASSENGER FARES PICKED UP AT THE AIRPORT; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Pruet absent at the time the vote was taken.
22. ORDINANCE NO. 20226
AMENDING THE CODE OF ORDINANCES, CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS,
SECTION 19-17, MOBILE AND TEMPORARY FIXED -SITE FOOD ESTABLISHMENTS, BY
AMENDING PARAGRAPH (c) TO AUTHORIZE THE EXEMPTION OF WATERCRAFT UTILIZED BY
LICENSED COMMERCIAL FISHERMEN AND EXPANDING REQUIREMENTS TO APPLY TO
SEAFOOD; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
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Regular Council Meeting
March 1, 1988
Page 22
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Pruet absent at the time the vote was taken.
Mayor Turner called for consideration of Item No. 23 pertaining to Amending
Building Code - Section 2101.9 - Safety Requirements During Construction.
Council Member Slavik inquired about the current requirements for Trench
Safety Systems.
Lorenzo Gonzales responded to this question and stated that the State Law
has changed. This new bill requires all municipalities which have building
codes to adopt requirements for the inclusion of detailed plans and
specifications for Trench Safety Systems in bid documents and contracts.
Council Member Moss added that OSHA is concerned because there have been so
many accidents with cave-ins during construction and these detailed plans and
specifications must meet their standards.
Mayor Pro Tem Berlanga inquired if there was any way to include the same
requirements for all contractors to be registered and bonded, and Mr. Gonzales
replied that this is a separate issue and they are working on a proposal that
addresses this issue.
Council Member Guerrero urged that this issue be pursued.
Mr. McDowell stated that this issue will be brought forth for the Council's
consideration.
There were no comments from the audience.
Assistant City Secretary polled the Council for their vote and the
following Ordinance was passed on first reading:
23. FIRST READING
AMENDING THE CITY CODE, SECTION 2101.9 OF THE BUILDING CODE ADOPTED BY
ORDINANCE NO. 19287 TO PROVIDE THAT BID DOCUMENTS AND CONTRACTS INCLUDE
DETAILED PLANS AND SPECIFICATIONS FOR TRENCH SAFETY SYSTEMS; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye";
Pruet and Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the first zoning application:
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Regular Council Meeting
March 1, 1988
Page 23
24. Application No. 188-1, Dr. Carlyle B. Slabaugh: For a change of zoning
from "F -R" Farm -Rural District to "B-4" General Business District on 9.40±
acres out of Lot 32, Section 27, Flour Bluff and Encinal Farm and Garden
Tracts, located on the east side of Rodd Field Road, north of Saratoga
Boulevard Extended.
There were no comments from the audience.
A motion was made by Mayor Pro Tem Berlanga to close the public hearing;
seconded by Council Member Moss and passed unanimously.
Council Member Rhodes requested to see the slides for this piece of
property. She inquired if this property will be replatted, and Mic Raasch,
Acting Director of Planning, stated the property will have to be replatted
before development can occur and code regulations would have to be satisfied.
Mrs. Rhodes expressed concern with the number of exit cuts and Mr. Raasch
stated that the maximum of curb cuts would be addressed.
Assistant City Secretary Zahn polled the Council for their votes; and the
following ordinance was passed:
ORDINANCE NO. 20227
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DR. CARLYLE B. SLABAUGH
BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 32, SECTION 27,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "F-4" FARM -RURAL
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss,Rhodes, Schwing, Slavik and Strong
voting, "Aye"; Guerrero absent at the time the vote was taken; Pruet
abstaining.
* * * * * * * * * * * * * * *
Mayor Turner opened the public hearing on the next zoning application:
25. Application No. 288-1, Our House, Inc., a Texas Corporation: For a change
of zoning from "A-1" Apartment House District to "A-2" Apartment House
District on 1.08± acres out of Lots 45-51, inclusive, portions of Lots
13-22, inclusive, Lots 43, 44, and 52, and a portion of the former Waco
Street right-of-way, Block 1114, Port Aransas Cliffs, located on the east
side of Fort Worth Street, across from Dabney Street.
There were no comments from the audience.
A motion was made by Mayor Pro Tem Berlanga to close the public hearing;
seconded by Council Member Rhodes and passed unanimously.
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Regular Council Meeting
March 1, 1988
Page 24
Assistant City Secretary Zahn polled the Council for their votes and the
following Ordinance was passed:
ORDINANCE NO. 20228
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OUR HOUSE, INC. A TEXAS
CORPORATION, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 45-51,
INCLUSIVE, PORTIONS OF LOTS 13-22, INCLUSIVE, LOTS 43, 44, AND 52, AND A
PORTION OF THE FORMER WACO STREET RIGHT-OF-WAY, BLOCK 1114, PORT ARANSAS
CLIFFS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * * *
Mayor Turner opened the public hearing on the next zoning application:
26. Application No. 288-2, Alameda Associates: For a change of zoning from
"A-2" Apartment House District to "AB" Professional Office District on Lots
1 through 5, and 25 through 44, Block 4, Hughes Addition, located along the
west side of South Alameda Street, the south side of Elizabeth Street, and
the east side of 10th Street.
There were no comments from the audience.
A motion was made by Council Member Pruet to close the public hearing;
seconded by Council Member Slavik and passed unanimously.
Assistant City Secretary Zahn polled the Council for their votes and the
following Ordinance was passed:
ORDINANCE NO. 20229
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ALAMEDA ASSOCIATES BY
CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 THROUGH 5 AND 25 THROUGH 44,
BLOCK 4, HUGHES ADDITION, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB"
PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting,
"Aye"; Guerrero absent at the time the vote was taken; Turner and Strong
abstaining.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience.
Minutes
Regular Council Meeting
March 1, 1988
Page 25
Mr. Charles Huff, 4437 Barrera Street, stated he was involved in a traffic
accident at an intersection on Saratoga Boulevard and requested information from
staff about the number cf accidents that have occurred at this intersection
prior to and after construction began. Mr. McDowell requested that Jesus Garza
get together with Mr. Huff to resolve the situation.
Gwen Bryant commended the Council and staff for their fine work. She
expressed concern about the communication between the staff and Council. She
also stated she concurred with the Council's desire to avoid a costly annexation
election.
Mr. Hal Wasson expressed the opinion about the new City Hall building is
beautiful; he congratulated the City Council and city staff for their fine work.
* * * * * * * * * * * * *
A motion was made by Council Member Strong to recess the meeting at 4:26
p.m. to go into closed session purusant to Artcile 6252-17 of V.A.C.S. to
receive legal advice on annexation law. The motion was seconded by Council
Member Slavik and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner reconvened the meeting at 5:15 P. M. and called for a motion
to reconsider Ordinance No. 20040.
A motion was made by Council Member Slavik to reconsider Ordinance No.
20040, seconded by Council Member Rhodes, and passed; Guerrero, absent.
Mayor Turner further stated that there is a need for a motion to repeal
that ordinance and direct staff to reinstitute the annexation process, ending
with annexation by election to be held on some uniform election date in the
future.
A motion to this effect was made by Mayor Pro Tem Berlanga, seconded by
Council Member Rhodes and passed by the following vote: Turner, Berlanga, Moss,
Rhodes, Schwing, Slavik, and Strong voting "Aye"; Pruet voting "No"; Guerrero,
absent at the time the vote was taken.
The following Ordinance was passed:
ORDINANCE NO. 20231
REPEALING ORDINANCE NO. 20040, PASSED ON OCTOBER 27, 1987, ANNEXING 26 AREAS
CONTAINING 2,869.89± ACRES OF PRIVATELY OWNED LAND; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Berlanga, Moss, Rhodes, Schwing, Slavik, and Strong
voting "Aye"; Pruet voting "No"; Guerrero, absent at the time the vote was
taken.
Minutes
Regular Council Meeting
March 1, 1988
Page 26
* * * * * * * * * * * d: *
Mayor Turner called for liaison reports.
Downtown Revitalization - Mayor Pro Tem Berlanga stated that the new
Director of Heart of Corpus Christi, Inc., will assume his duties about the
middle of April. Mayor Turner requested that Mr. Berlanga bring him to a
Council Meeting for an introduction.
Economic Development Corporation - Council Member Schwing stated that Mr.
Berney Seal would like to make a presentation next week. The Council indicated
their concurrence.
Discussion followed on the possibility of conducting workshop sessions.
Mayor Turner stated that she and Council Member Moss had also discussed the
possibility of establishing a time certain for public comment.
Discussion followed, and Council Member Strong pointed that this would
present problems in that this could create a "blockade" to scheduled items on
the agenda. She also noted that frequently citizens decide to speak after
hearing discussions during the Council meeting.
Council Member Moss expressed the opinion that there are interested
citizens who would like to address the Council but find it difficult to wait
indefinitely.
In a return to the discussion of workshop meetings, City Manager McDowell
stated that Council Members had expressed an interest in having discussions on
the following subjects: (1) the report and recommendations of the Boards and
Commissions Review Committee; (2) the budget report; (3) personnel policies;
and (4) the Economic Development Corporation report.
The decision was made that the following items be considered during a
workshop meeting at the end of the Council Meeting of March 8, 1988:
(1)
Boards and Commissions Review Committee report and recommendations.
(2) Personnel policies.
It was also decided that Mr. Berney
presentation on the Economic Development
Council Meeting under "Presentations."
Council Member Rhodes asked about
Unemployment Insurance and stated that she
prepared supporting that, subject to the
mentioned the subject of well -plugging and
Seal should be allowed to make a
Corporation at the beginning of the
a resolution supporting the State
understood that a resolution would be
Legal Department's advice. She also
asked for a report.
Minutes
Regular Council Meeting
March 1, 1988
Page 27
There being no further business to come before the Council, on motion by
Council Member Moss, seconded by Council Member Strong and passed unanimously,
the Regular Council Meeting was adjourned at 5:22 p.m., March 1, 1988.
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 March
1, 1988, which were approved by the City Council on March 8, 1988.
WITNESSETH MY HAND AND SEAL, this the /J day of L V
tty Turn• , MAYOR
Armando
Chapa, City Sey
City of Corpus Christi