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HomeMy WebLinkAboutMinutes City Council - 04/12/1988MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 12, 1988 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Council Members: Leo Guerrero * City Manager Juan Garza Bill Pruet City Attorney Hal George Mary Rhodes City Secretary Armando Chapa Frank Schwing * Mary Pat Slavik Linda Strong Absent Clif Moss Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall at 2:05 p.m. The invocation was given by the Reverend Evan Henderson following which the Pledge of Allegiance to the flag of the United States was led by Council Member Slavik. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner informed the Council that Council Member Moss will be absent from the meeting because he is out of town due to an illness in the family. A motion was made by Council Member Slavik to excuse Council Member Moss from the Council Meeting. The motion was seconded by Council Member Strong -and passed unanimously by those present and voting; Guerrero, Rhodes and Schwing absent at the time the vote was taken. A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of April 5, 1988 be approved as presented; seconded by Council Member Strong and passed unanimously by those present and voting; Guerrero, Rhodes and Schwing absent at the time the vote was taken; Moss absent. Mayor Turner acknowledged Ms. Cindy Eckman, Chairman of the Parenting Resources Committee for the Junior League, and other representatives of the MICROFILMED 1 Minutes Regular Council Meeting April 12, 1988 Page 2 Committee and presented them with a Proclamation proclaiming the week of April 11 - 17, 1988 as "The Week of the Learning Disabled Child." * Council Members Guerrero and Schwing arrived at the meeting at 2:10 p.m. Mayor Turner recognized Ms. Grace Rank of the Public Relations Committee on the Child Abuse Council Board and other members of the Committee and presented them with a Proclamation proclaiming the month of April as "Child Abuse Prevention." Mayor Turner administered the Oaths of Office to the following Board and Commission appointees: Ignacio Trevino - Transportation Advisory Board; Joyce Fox - Citizens Advisory Health Board; Zernie Smith - Mechanical Advisory Board and Burton Moorehouse - Building Standards Board. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 6, and a Council Member requested that Motion No. 1 be withheld for discussion. There were no comments from the audience on the other Consent Motions. A motion was made by Council Member Guerrero to approve Motions 2 thru 6; seconded by Council Member Pruet and passed unanimously by those present and voting; Moss absent. In reference to Motion No. 1 pertaining to approving the purchase of library furniture, Council Member Slavik inquired about the sources of funding, the trust fund and disadvantaged grant, and asked where the other $8,000 will come from, and City Manager Garza replied that the Library Trust Account presently has $400,000 in the account and it is set up from fund raising, etc. A motion was made by Council Member Guerrero to approve Motion No. 1; seconded by Council Member Schwing and passed unanimously by those present and voting; Strong absent at the time the vote was taken; Moss absent. 1. M88-0082 Approving the purchase of library furniture from Texas Office Supply, Braswell's, Yochem's, and Brodart Company in the amount of $18,975.24. This furniture will be used for data processing equipment by the Corpus Christi Public Library. 2. M88-0083 Approving the purchase of 57 tons of fertilizer from Chemical & Turf Specialty Company based on the low bid of $10,022. The fertilizer will be applied on the municipal golf courses. Minutes Regular Council Meeting April 12, 1988 Page 3 3. M88-0084 Approving supply agreements for traffic signals and allied products with Consolidated Traffic Controls, Kentron, Inc., Houston Traffic Signal, Co., A.S.I., and Traffic Parts based on low bid, best bid, and low bid meeting specifications for a total estimated annual expenditure of $136,009.75. The terms of these agreements will be twelve months with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. These items will be used by Traffic Engineering. 4. M88-0085 Approving a supply agreement for emulsion oil with Texas Emulsions, Inc. based on the low bid of $10,400. The term of this contract will be twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This material will be used by the Street Division. 5. M88-0086 Accepting the Chapman Ranch Road/Oso Creek Waterline project, and authorizing final payment of $3,290 to Tennessee Pipeline Construction Company. 6. M88-0087 Approving Amendment No. 1 to the engineering services contract with Hunter Associates, Inc. for the Elliott Sanitary Landfill Expansion project which authorizes additional services to meet State Health Department requirements for a fee not to exceed $6,400. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings and Council Members requested that Items 7, 9, 10 and 11 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 8. RESOLUTION NO. 20271 ASSIGNING THE AUTHORITY FOR THE CORPUS CHRISTI HOUSING FINANCE CORPORATION TO ISSUE BONDS TO PROVIDE FINANCING FOR HOME MORTGAGES IN 1988, BASED UPON ITS POPULATION, TO THE COUNTY OF NUECES. r Minutes Regular Council Meeting April 12, 1988 Page 4 The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Moss absent. 12. FIRST READING AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE CITY OF MATHIS; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Moss absent. 13 FIRST READING AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE ALICE WATER AUTHORITY; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Moss absent. 14. FIRST READING AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE BEEVILLE WATER SUPPLY DISTRICT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Moss absent. In reference to Item No. 7 pertaining to the Resolution Establishing and Expressing Support of Corpus Christi's Quincentennial Commission, Mayor Pro Tem Berlanga stated that he has spoken with people who are interested in participating in the Commission and they are pleased with the resolution, but seem to think the Council should enact an ordinance to support the resolution because it would make them feel more secure about their participation. Mayor Turner inquired if an ordinance is needed to ensure that the Commission is in place until 1992, and City Manager Garza expressed the opinion that he did not think an ordinance is necessary. Mayor Turner noted that in 1992 a major celebration will be conducted throughout the United States to commemorate the 500th Anniversary of the discovery of the Americas and stated that Spain already has developed plans for the celebration. Mayor Turner noted that Mr. Tony Bonilla has agreed to chair the Commission and has requested that the Council Members each appoint two persons to serve on the Commission. She requested that the Council provide their recommendations in two weeks. 1 Minutes Regular Council Meeting April 12, 1988 Page 5 Council Member Slavik suggested that the Sister City route be tried again and suggested initiating something with another city in Spain, and Mayor Pro Tem Berlanga noted that the General Counsel of Spain suggested that Corpus Christi adopt the city of Toledo, and that the Mayor from Toledo would like to see Corpus Christi as a Sister City. Mayor Turner noted that the Sister City Committee is looking into that possibility. In reference to Item No. 9 pertaining to the Land Treatment Project - East Lake Corpus Christi Watershed, Council Member Slavik requested a brief outline of this project. Paul Werner, Water Superintendent, gave a brief explanation of the project and noted that in January 1985 the Council passed a resolution supporting the Sulfur Creek Watershed Land Treatment Program and acted as a co-sponsor of the project along with Live Oak and Bee Counties as well as Karnes-Goliad Soil and Water Conservation Districts. He stated that this was the first of this type of soil conservation effort; they had success in working with the land owners in this area; and now they are going out for funding for that area. He stated that they felt this was an opportunity to expand the program, and that anything the City can do to improve the reduction of siltation is buying the City long-term water supply. He stated that the Staff thinks it is a good idea and would like to encourage people to participate. In reference to Item No. 10 pertaining to the Water Division Facilities, Council Member Pruet inquired what the City architect is presently doing, noting that he was originally hired to oversee and provide architectural services for the library and City Hall, and City Manager Garza stated he did not remember the original intent of the hiring of the architect; he will check into the matter; and noted that the architect has been involved in those two major projects. Council Member Pruet inquired if any consideration had been given to taking the money from the Water Bond Fund and putting it into the General Fund and having the City architect and the City engineering staff perform this work, rather than contracting it out, and Assistant City Manager Garza replied the staff did not give consideration to that; the City architect is involved in numerous projects; in effect, he is a project manager; and he is overseeing the development of several projects. Mr. Garza stated he is not sure that the staff has the capability to do this kind of design in-house without there being a lot more support staff or removing employees from other projects. Mayor Turner inquired if the design stage could be handled in-house and contract out for working drawings, and Assistant City Manager Garza stated he is not sure that can be done; the City architect is doing several projects; it is an involved process; and the staff is presently strained. 1 Minutes Regular Council Meeting April 12, 1988 Page 6 Council Member Pruet stated again that he would be interested in seeing the functions of the City architect, and that when the project originally came up, there was a tremendous amount of questioning by the Council regarding the use of local architectural firms. Mr. Pruet inquired about the allegation that this company is no longer a local firm, and Assistant City Manager Garza stated that the firm does intend to close the office; however, the two architects that the City would be working with on this specific project are going to remain in town. He stated that there will be some relationship to honor the contract and then at some point, the two architects will do a spin-off from the firm. City Manager Garza stated that the contract is with SHWC and not with the individuals. Mayor Turner stated that she thought this is a bad precedent; what the City is doing is hiring a firm that they know is closing their local office; and there will be two architects leaving the firm and starting their own business. She stated that she is not sure that they will be substantially large enough or have the background to handle the contract. Furthermore, she stated that the contract before the Council is a contract with SHWC and if the work goes to them, that means their work goes out of town or they have to contract with somebody that the City does not have any control over. Mayor Turner noted that she thought that at the time this project was initially discussed, this company was in the City, but now the City is signing a contract with somebody who is not going to be in that position two weeks from now. Victor Medina, Engineering Services Director, pointed out that is not the case in this contract. He stated that the two architects that presently represent SHWC are the architects that the City interviewed and based the hiring of SHWC for the contract, and the two architects will do the project in the City. He stated that the contract also is not leaving town with SHWC, and that this is just for professional ethics. He stated that the City originally negotiated the contract with SHWC and that is the way staff would like to do it. He stated that staff checked with the two architects that are presently with the firm and they would like to handle it that way. Council Member Pruet noted that he has a problem with negotiating contracts and not following through on them. He reiterated that many questions came from the Council that this was a locally awarded contract and pointed out the Council's policy in reference to hiring local contractors. He stated that SHWC is not going to be a local firm and noted that the work is going to be done locally, but it will be on a contract or agency basis. He inquired how it is going to be done. Mr. Medina stated that the two architects that presently work for SHWC will remain in town and SHWC has agreed with them to spin-off the contract to them. He stated that one of the architects was with them when they did the original Master Plan Study for the Service Center area and was a principal architect on that project. He stated that is one of the main reasons why the City wanted to continue with SHWC on the Service Center to make sure the project was continuous. 1 Minutes Regular Council Meeting April 12, 1988 Page 7 City Manager Garza requested that this item be withdrawn for one week to enable him to study it further. Council Member Rhodes inquired that if the Council didn't approve this and the service was provided in-house, if the $86,000 could be put back into the General Revenue Fund, and City Manager Garza stated that if the Engineering Department could do it, the General Fund could be reimbursed. Council Member Schwing inquired if the City started privatizing some of the services that are now being performed at the maintenance shop, if it is possible that area would not be needed in the future, and City Manager Garza replied it is possible but maybe not probable. Mr. Garza stated that he would like to use the same shop and have someone manage it for the City. He stated he likes the area because it is centrally located; it suits the City's needs very well; and it opens up the bidding process to whoever wants to manage it. Mr. Medina pointed out that the maintenance facility is for a water meter repair shop and not for the repair of equipment, and Council Member Schwing inquired if that also could be privatized, and Mr. Medina replied that when he was at the Gas Division, staff tried to consider privatization of repairing the gas meters, and the prices were exorbitant. Note: Item No. 10 was withdrawn. In reference to Item No. 11 pertaining to the Relocation of Fire Station Number 1, Parcels 1 and 3, Council Member Slavik noted that the specific properties in question are listed on the tax rolls at about 40 percent of the actual price the City is paying. She noted that she thought the price appeared to be excessive and asked for an explanation from staff. Assistant City Manager Garza noted that one of the parcels is $427,500 and the other is for $90,000; those were the appraised values; that is what the City offered; and the contract has been accepted on that basis. Mr. Garza noted that it is about $9.85 a square foot and pointed out that Parcel 1/3 has an improvement on it that the City is paying for. Council Member Slavik inquired if the staff is interested in the difference in the tax roll figure and the figure that the appraiser placed on the properties, and Assistant City Manager Garza noted that is something he will look at with the City's Property Division to determine the reason for the discrepancy. Mr. S. E. O'Brien, 4130 Pompano, expressed concern and inquired if the Council is being provided with sufficient information on which to make an intelligent vote and questioned if this is the best location for a fire station. He also asked if the City has a double standard when they buy property and referred to the City paying astronomical prices for property from some people, and from other people, hardly anything. Mr. O'Brien stated this particular Minutes Regular Council Meeting April 12, 1988 Page 8 piece of property is two lots; Mr. Wood is carried on the tax rolls at $186,750 and noted it was reappraised in 1987. He stated that is a discrepancy from the $400,000 that the City intends to pay. He stated that the other lot will be purchased at $90,000 and is on the tax rolls for about $30,000. Mr. O'Brien referred to the sales contract and noted there is a real estate commission paid. He stated if possible, the City should negotiate with the parties directly because ultimately the taxpayer ends up paying. He stated that he would like to see some sort of equity so that all the citizens are treated the same, and that it is the duty of the City staff to be fair and try to purchase at the lowest possible cost. Council Member Slavik expressed concern and suggested that the City consider that as a money saving factor, and City Manager Garza noted that most of the industrial commercial property is tied up already, and stated that this site was already listed with a realtor. Mr. Garza elaborated on the location of the fire station and pointed out that it has access to every direction. City Secretary Chapa polled the Council for their votes and the following were passed: 7. RESOLUTION NO. 20270 ESTABLISHING AND EXPRESSING SUPPORT OF CORPUS CHRISTI'S QUINCENTENNIAL COMMISSION. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss absent. 9. RESOLUTION NO. 20272 SUPPORTING THE EAST LAKE CORPUS CHRISTI WATERSHED LAND TREATMENT PROGRAM AND AGREEING TO ACT AS A COSPONSOR ALONG WITH LIVE OAK, BEE, AND KARNES-GOLIAD SOIL AND WATER CONSERVATION DISTRICTS. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss absent. 10. Withdrawn AUTHOHI81N9-T'H-4DRWA4-TON--0F A4-AGREEMENT-EF4H- 14461 HZUr ARGHT}56£Ss-FDD TH€^tel 6F -PLANS- AND SPED S- FOR THE NEW -WATER- DVS 9N FA91LI11£8-19-SR-L99ATER-AT-TRE-91TV-8LRVIGE-GENTER-ANP-FOR-INF-PREPARATION 9F --A-- SEPPIENENT--T-0---444E-- ,•U '`ter--SERV-ICS- GEN-TER---I4AS'PS&--PLAN; --ANP APPROORIA!ING-$86T999- 1 Minutes Regular Council Meeting April 12, 1988 Page 9 11. RESOLUTION NO. 20273 AUTHORIZING THE ACQUISITION OF PARCELS 1 AND 3 IN CONNECTION WITH THE RELOCATION OF FIRE STATION NUMBER 1; APPROPRIATING $519,587 FROM THE 531 PUBLIC HEALTH AND SAFETY BOND FUND. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss absent. * * * * * * * * * * * * * Mayor Turner called for consideration of the first reading of Item No. 15 pertaining to amending the City Code of Ordinances Section 17-36(c), Room Occupancy Tax - deletion of exemption status. Council Member Pruet noted that this item will mean substantially more in terms of hotel/motel funds to the City. He stated that the inquiry to the Attorney General was from Mr. Chris Davis of the Convention and Visitors Bureau along with a representative from El Paso. Mr. Pruet gave a brief explanation of this item and noted that they do not know what the exact dollar figure will be, but that it will be a substantial amount of money. He pointed out that that it will not put the City in a less competitive position with the other cities in the state. Council Member Guerrero noted that he has always contended that the tax is not a deterrent and never would be and pointed out that the taxes the City has are nothing compared to other states. Council Member Pruet noted that there was a study released last week listing the 100 most popular tourist destinations and the cost of a night's lodging and meals and noted that New York ranked the most expensive and that Corpus Christi ranked fifth from the bottom. Mr. Pruet noted that the next effort in this vein will be to try to get the state to start allocating its share of the bed tax into a Tourism and Economic Development Fund. There were no questions from the audience on this item. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading: 15. FIRST READING AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, BY AMENDING SECTION 17-36, LEVY OF TAXES; RATES; EXCEPTIONS: BY DELETING PARAGRAPH (C) WHICH EXEMPTED RELIGIOUS, CHARITABLE, OR EDUCATIONAL ASSOCIATIONS FROM COLLECTION OF THE HOTEL -MOTEL TAX LEVY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 1 Minutes Regular Council Meeting April 12, 1988 Page 10 The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss absent. * * * * * * * * * * * * * Mayor Turner called for consideration of the first reading of Item No. 16 pertaining to amending the City Code to require that all wells and cisterns be covered. There were no questions from the audience on this item. Council Member Rhodes expressed appreciation to the staff for their consideration of this item. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading: 16. FIRST READING AMENDING SECTION 13-1 OF THE CODE OF ORDINANCES ENTITLED "STANDARD BUILDING CODE ADOPTED; AMENDMENTS," BY AMENDING SECTIONS 3401, 3402, AND 3403 AND ADDING SECTION 3404; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION BY NOTICE. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 17 for consideration. A motion was made by Council Member Guerrero, seconded by Council Member Pruet, and passed unanimously by those present and voting (Moss absent) to remove from the table the following zoning application: 17. Application No. 388-3, Mr. Mohammed Kamal: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 2.21± acres out of Lots 1 and 2, Saxet Community Center, located approximately 200' south of Leopard Street and approximately 140' west of Elmore Drive. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval. Council Member Strong pointed out that this has been downgraded to "B-1" zoning; it is acceptable to the property owner; that is the ordinance that is before the Council; and noted it is not "B-4" zoning. T Minutes Regular Council Meeting April 12, 1988 Page 11 Mr. Randolph Ramsey, 3746 North Saxet, stated that he appeared in opposition to the "B-4" zoning but that the "B-1" zoning is acceptable to the neighborhood association. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Slavik and passed unanimously by those present and voting; Moss absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20274 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MOHAMMED KAMAL BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 1 AND 2, SAXET COMMUNITY CENTER ANNEX "A" FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss absent. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza referred to the trip tomorrow afternoon to New York to obtain a rating on the aquarium bonds and stated that the staff is proceeding with that. Mr. Garza noted that Mr. Kevin Walker, the new Director of the "Heart of Corpus Christi," is currently in the audience. Mayor Pro Tem Berlanga noted that on April 22 there will be an "Art in the Heart" ceremony at 7:00 p.m. Mayor Turner recognized Mr. Kevin Walker who expressed appreciation to the Council for their participation in the "Heart of Corpus Christi" and gave a brief explanation of his background. He stated that they are working on their strategic planning and are working with the City staff to try to get things accomplished in the next twelve months. Mayor Turner called for liaison and other reports from the Council. Boat Pass - Council Member Strong noted that she will be in Austin on Thursday to meet with Commissioner Mauro and will have a detailed report next week. Minutes Regular Council Meeting April 12, 1988 Page 12 Economic Development Corporation - Council Member Schwing stated that he would like Mr. Ed Bee to come before the Council within the next two or three weeks to report on the Monterrey trip. Council Member Guerrero stated that it has been brought to his attention that both of the City's golf facilities cannot be utilized thru August and noted that there is a City-wide championship tournament to be held in June which was advertised last year. City Manager Garza noted that it is true but stated that the Oso is not entirely shut down and that Lozano may be completed in July. Mr. Guerrero asked about private facilities or surrounding towns in order to accommodate this tournament because it is a very large group and very supportive of our City, and City Manager Garza stated that he will talk to the Park and Recreation Department. Mr. Garza noted that from a cost point of view, the City will lose less money performing the work in this way, but noted that it does disappoint a lot of people. Council Member Slavik inquired about the status of the delinquent Municipal Court speeding and parking ticket collections and asked if the Council could be provided a report in writing, and City Manager Garza stated that he does not have a more recent update than he reported the last time. He noted he has had discussions with the Chief regarding the warrant program and stated that there is always the option of contracting the collections out for delinquent fines. Mr. Garza continued by stating that the revenue area is something that he has been pursuing and noted that these are some of the things the Council will start hearing about as the effects of the reduction in staffing begins to take place. Council Member Slavik referred to delinquent tax collections and noted that she personally knows of someone who has had outstanding taxes for over eight years who has never been contacted and requested a status report on that, and City Manager Garza informed the Council that the contract for collection of delinquent taxes is scheduled on the agenda for next week. Council Member Slavik stated that she has a copy of the Corps of Engineers' Permit for the aquarium dated June 1, 1987; and it was brought to her attention that the Phase I section shows a series of boat docks to be built; and that this bond issue did not include boat docks, especially on a piece of property that the City does not own. She asked who is going to pay for the boat docks. City Manager Garza stated that the City has a contract with the Aquarium Association to purchase an aquarium once it is built; the City is not going to pay any more than they committed to support the project; and the City's contribution to the project is capped. Council Member Slavik expressed concern and referred to the $4 million in the 1986 City bond election, not the $10 million in the Reinvestment Zone. Minutes Regular Council Meeting April 12, 1988 Page 13 Assistant City Manager Hennings stated that the construction of the bulkhead could certainly logically have on part of it a boat dock facility along side the bulkhead that would certainly be an accessory to a normal bulkhead facility. He stated that he did not think there is any problem with that but noted that the staff will review this at Mrs. Slavik's request. He stated that this waterfront, as it is identified in the Corps of Engineers' Permit, has two parts -- Phase I & II. He stated that the Phase II would in the future provide a public docking facility possibly for the RTA water transportation. He stated that is not a funded project at this time and is part of the overall plan for the aquarium. Mr. Hennings stated that as far as he knows, the contract that is presently underway only includes the items listed in the bond election; it does include some boardwalk, a facility where you can park boats next to the bulkhead. In answer to a question from Council Member Slavik, Mr. Hennings stated that the only thing in the $4 million bond package in Phase I is the facility to park the boats alongside the bulkhead. He stated that Phase II would include construction of a pier facility just for dockage. Council Member Slavik referred to Phase II and inquired who would be responsible for that, and Mr. Hennings stated that the City is not responsible for that unless some future Council elected to do this. He stated that the funding has not yet been determined; the plan for the project is to talk with the RTA about providing facilities for water transportation at this site; and the possibility is that the RTA could build this facility and operate a water transportation service. Council Member Schwing noted that the bottom step of the seawall is always extremely wet and inquired if somehow that problem could be addressed, perhaps by a Resolution to get a wire rope retainer at that bottom step and referred this matter to staff for consideration. Mr. Schwing inquired about the status of the Master Plan for the Bayfront, and City Manager Garza noted that Park and Recreation and the Planning Department are presently jointly working on the plan and in reference to the timeframe, he noted that he will soon provide the Council with a calendar date on that. Mayor Turner suggested that it would be helpful to have input from the various groups that will be utilizing that festival area. Council Member Strong referred to the public participation project in Flour Bluff last weekend and noted that the Flour Bluff area won the "Keep America Beautiful" Award for having the most people on the street picking up the most garbage. She stated that several things came out of that project and suggested several items for future Council workshops; one, that the ordinance that the City has that pertains to trash pickup is a non-uniform ordinance. She stated that presently the City operates under an ordinance that says that Greenwood Landfill will be closed on Sunday and noted that some people do not have access to the landfill. She stated that because of that, the City should- look very seriously at coming forth with an ordinance that requires all citizens in the City limits to participate in curbside trash pickup. Minutes Regular Council Meeting April 12, 1988 Page 14 Mrs. Strong referred to a second issue, noting that there are several sites in Flour Bluff that the public has chosen as illegal dumpsites. She stated that in order for the City to clean these sites, she thought that the City should suggest a temporary dumpsite, not on the ground, but perhaps providing a truck or a flat bed trailer. Mrs. Strong stated that the third situation is that a lot of the areas being used as dumpsites are screened by heavy overgrowth of shrubs or weeds and suggested that volunteers obtain permission to cut them down to a level so that the sites are visible. Another issue Mrs. Strong pointed out is that there is a group of residents in Flour Bluff compiling a list of private property owners whose properties are being used as dumpsites. She noted that they are going to those people as private citizens asking them to fence and/or gate their property so that there is no public access, and if these people are unwilling or unable to do that, the residents are compiling a list of corporate sponsors who would be willing to help them provide fencing and gating for those properties. Mrs. Strong referred to another matter and stated that there is one particular site on Laguna Shores which has been cleaned up numerous times by the City, and it was recommended to her by a citizen that the City could perhaps publish a monthly or quarterly list of the properties or the complaints that have been addressed by Neighborhood Improvement. Mrs. Strong noted that the hundreds of bags of trash that were put out on Saturday had not yet been picked up by the City, and Assistant City Manager Garza noted that it would be picked up today or tomorrow. Mayor Pro Tem Berlanga stated that the City has a litter ordinance and if anyone is dumping illegally they should be given citations. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Ms. Ellen Prichard stated that. the City is treating its senior citizens and nursing home patients like human garbage. She referred to an incident which occurred the previous day where a nursing home patient died of congestive heart failure as he waited 23 minutes for the EMS to arrive. She referred to the EMS report concerning her mother and stated it was inaccurate and requested that the Council not accept the report. Ms. Prichard explained in detail all the inaccurate statements contained in the report and stated since the City has failed to investigate, she is diligently seeking to find the truth herself. She noted that she has requested access to the EMS records and has received nothing except the report. She then passed out information to the Council. r Minutes Regular Council Meeting April 12, 1988 Page 15 City Attorney George noted that he has contacted Ms. Prichard's attorney and explained that the City would respond to the request for the various reports, and City Manager Garza noted that the City will make any records available to Ms. Prichard that she requests. Council Member Guerrero requested some background information and inquired what the role of the EMS is versus the private ambulance. Council Member Slavik expressed concern and in answer to a question she posed, Ms. Prichard stated that in 1982 the City changed the ordinance deleting the words non -emergency and elective because the ambulances were being tied up in routine transfer. She noted that there is a difference between life threatening and critical on the one extreme, and routine transfer on the other. She stated that the nursing home is required by state law to provide routine transfer. Ms. Prichard explained briefly the role of the EMS. City Manager Garza informed the Council that this matter will be taken up at the Ambulance Advisory Committee's next meeting. Mr. Kevin Mask, Project Manager for Manhattan Construction Company, passed out information to the Council and stated that they have basically completed their contract; they have made a request for a retainage reduction, payment on the change order they have completed, and a chiller claim that they had on the project. Mr. Mask said they have not had any response from the City and are looking for a timeframe on when they are going to be paid for completion of the project totaling $641,836.80. City Manager Garza stated that there are several things that have not been completed and gave a brief explanation of those items, and Mr. Mask stated that they have received the final punch list; they have completed the majority of those items; there are some items that have not yet been addressed; and indicated that materials, etc. are being ordered. He referred to a letter from the City architect stating that value would be assigned to those items, and that the amount of money would be retained until those items are corrected. He noted that is acceptable, but the amount that needs to be corrected will not exceed $641,836.80. Mr. Mask stated that there are several subcontractors who are waiting for their retainers. Assistant City Manager Garza stated that the staff will meet with Manhatten sometime this week in reference to the timeframe for payment. Council Member Guerrero inquired if it is not the contractor's responsibility to pay the subcontractors regardless of when the City pays, and Mr. Mask replied that is not so; the subcontracts that they have with the subcontractors are bound to the same terms they have with the City; the City is holding ten percent; they hold ten percent; and as soon as they receive the ten percent, they will pay the ten percent to the subcontractors. 1 Minutes Regular Council Meeting April 12, 1988 Page 16 Council Member Guerrero noted that there is a law in the state of Texas that requires them to pay the subcontractors, and Mr. Mask reiterated that they are holding back payment to the subcontractors according to the terms of their subcontract with them. Mayor Turner recessed the Council Meeting at 3:51 p.m. to go into closed session in accordance with Article 6252-17, Section 2, V.A.C.S., regarding Litigation - public utilities. Mayor Turner reconvened the Council Meeting at 4:09 p.m. and there being being no further business to come before the Council, she adjourned the Council Meeting at 4:10 p.m. on April 12, 1988. * * * * * * * * * * * * * 11 r 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 April 12, 1988 which were approved by the City Council on April 19, 1988. WITNESSETH MY HAND AND SEAL, this theo26 day of Betty Turner, MAYOR Armando Chapa, City Secretary City of Corpus Christi