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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 Minutes 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 Minutes 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 Minutes 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. Minutes 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. Minutes 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. Minutes 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. Minutes 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 Minutes 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. Minutes 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: Minutes 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. Minutes 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