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HomeMy WebLinkAboutMinutes City Council - 07/05/1988PRESENT Mayor Betty Turner Mayor Pro Tem Bill Pruet Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Linda Strong Absent Mary Pat Slavik MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 5, 1988 2:00 p.m City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Paul Aldrich of the First Church of the Nazarene, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. 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. City Secretary Chapa informed the Council that Council Member Slavik was out of town and that she had requested to be excused from the Council Meeting. A motion was made by Council Member Strong to excuse Council Member Slavik from the Council Meeting. The motion was seconded by Council Member Pruet and passed. Mayor Turner called for approval of the Minutes of the Special Council Meeting of June 20, 1988 and Workshop and Regular Council Meetings of June 21, 1988 and of June 28, 1988, and there being no additions or corrections, she proclaimed them approved as written. Mayor Turner referred to the Board and Committee Appointments and the following appointments were made by the Council: MICROFILMED Minutes Regular Council Meeting July 5, 1988 Page 2 Building Inspections Dept. Ad Hoc Task Force Citizens Advisory Health Brd. David Bott Linda Ard Terry Whitmire - Advisory Member Civil Service Board/Commission Food Service Advisory Committee A. R. Butch Escobedo - Leonard De La Garza - (Reappointed) (Reappointed) D. W. "Dee" Haven Private Industry Council James Sturdivant, Jr. - (Reappointed) Patricio Alba - Cheyenne Eichelberger Hollis Porcher Gilbert Casares Porfirio Silva - (Reappointed) Allen Itz - W. T. (Bill) Hough Robert Bowers * * * * * * * * * * * * * Mayor Turner Called for consideration of Consent Motions 1 thru 3. In reference to Motion No. 1 pertaining to approving the purchase of flat bed trailers and Motion No. 2 approving the purchase of 500 tons of riprap stone, Council Member Moss inquired why these items took so long to come before the Council, and City Manager Garza replied that he does not know, noting that it probably is an evaluation problem involving Purchasing, Wastewater & Gas and the maintenance superintendent. In reference to Item No. 2, Council Member Strong noted that since the City was in a position several months ago of trying to open a new dump site to get rid of construction riprap which is free, she inquired if it would not be acceptable to use this excess at Wesley Seal Dam rather than the City having to purchase it. City Manager Garza noted that Motion No. 2 will be withheld, and the staff will look into the matter and explore the possibility of using the construction riprap. A motion was made by Council Member Guerrero to approve Motions 1 and 3; seconded by Council Member Pruet and passed unanimously. 1. M88-0146 Approving the purchase of two 12 -ton, Flat Bed trailers from Holt Company of Texas based on low bid. The unit price is $7,519 for a total award of $15,038. The units are for Wastewater Services and the Gas Division, and are included in the 1987-88 Capital Outlay. Minutes Regular Council Meeting July 5, 1988 Page 3 2. Deferred Appee4ng-tote--pnrehase-e@-596-teas -oe-v1p-Amnr-setae-€-reek-4414te'-s•-Mleee based -rtm--Hee• -aptly -}rid--rf--$17-r3A8r--41a4s-ieat-er#ai--rf}--be -+iser1--et--Wesley Seal -Dam-by -the -Water -84Y4e4en: 3. M88-0147 Ratifying the appointment of Sandra Langberg as Chairman Elect to the Sister City Committee for a term to 9/89. * * * * * * * * * * * * * * Mayor Turner left the Council Meeting to engage in a conference call. Mayor Pro Tem Pruet called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings. In reference to Item No. 4 pertaining to the West Allison Trunk Sanitary Sewer No. 2, Council Member Moss noted that bonds were approved 2} years ago and inquired why it takes this long to get the design done, and City Manager Garza noted that this is for construction, and Victor Medina, Engineering Services Director, explained that the City contracted the design out to a private consultant. City Manager Garza pointed out that this is one of the concerns discussed by the Bond Fund Task Force which deals with a provision in the City's Charter that the money be in hand or if bonds, that they be sold and delivered before the City can enter into a contract. In reference to Item No. 8 pertaining to the recreation fees and charges, Council Member Berlanga noted that the Council should be very careful in passing this ordinance the second time, noting that the City cannot afford to lose as much money as they have been losing. Mr. Berlanga stated that it is his understanding that softball alone will cost the City $270,000 for a season, indicating that the City can afford to raise the fees in order to minimize the loss. Mr. Berlanga noted that the Council was not consulted when the softball fees were reduced from $325 to $214, indicating that the Council should have been notified of the changes. Council Member Schwing concurred with Council Member Berlanga and stated that one baseball organization is charging $275 and the other is charging $250, expressing the opinion that he thought the City's rates should not go down to $214 and that there be a compromise at $268. City Manager Garza explained that the City went to the standard 40 percent to avoid the argument that the City was singleing someone out, noting that it is the Council's decision. -r Minutes Regular Council Meeting July 5, 1988 Page 4 Council Member Strong noted that she was pleased with the provision that the City not increase fees more than 25 percent a year. She referred to adult athletic fees, noting that she does not think it would be out of line for softball to be at a fifty percent recovery and she could go along with $268 as a compromise. Bob Bruner, Park and Recreation Director, noted that the current softball fee is $150 plus a $75 association fee. Mr. Bruner provided an explanation of the softball fees from the sixty percent recovery to the forty percent recovery. Mr. Bruner indicated that the softball association is charging $250. Council Member Guerrero referred to a concern about putting private enterprise out of business and requested Mr. Bruner to comment on this matter. Mr. Bruner provided some background information regarding the proposed privatization contract with the Grandstands, noting that the Park Board turned down the contract. He again explained about the softball fee at 60 percent recovery and 40 percent recovery. City Manager Garza noted that the Grandstands probably wants the City to raise the fees as high as they could so that they could be more competitive because the more closely aligned the City is with what they charge, the more likely it is that they would be pulling some of the players over to their league. In answer to a question from Council Member Guerrero pertaining to subsidization, City Manager Garza explained that by subsidizing, the City 1s making their product less attractive, noting that there is a big market and a lot to go around. Council Member Guerrero inquired what the City's role is in this issue between privatization in lieu of City services, and City Manager Garza replied that the City would be sensitive to it and will always be in competition in certain areas. Mr. Garza indicated that to the extent that the City can get involved in providing people with leisure time opportunities that the City is providing a service to the community. Mr. Garza noted that the Council is establishing the policy to support the programs, noting that there is some redistribution of money involved. He stated that the people who cannot pay the Grandstands will join with the City, noting that the City is in competition. Mr. Garza expressed the opinion that if the contract were to be awarded to the Grandstands, that the fees would increase at a point and basically they would have a monopoly over that activity. He stated that he thought that the City will provide a benefit to the community by providing a softball program. After more discussion, Mr. Curtis Rich, 5314 Crossridge, part owner in the Grandstands, read from a prepared statement, noting that the Grandstands charges $275 per game. He indicated that the Grandstands cannot compete against the forty percent recovery. Mr. Rich continued by stating he does not believe it is the Council's intention to put the Grandstands out of business, indicating they 1' Minutes Regular Council Meeting July 5, 1988 Page 5 have saved the City one-half million dollars because they are servicing teams the City is not, and that they have added another $54,000 in taxes to the City. Mr. Rich requested clarification of the amendment passed last week regarding the rental of the fields, and Mr. Bruner explained that the charge for the fields is $31.00 per game per night. Mr. Rich asked for an explanation of the relationship between the softball association and the City. Council Member Guerrero expressed concern that the softball association is a business and if the City is subsidizing an association, and if that is happening, it is wrong, noting that the City should demand that the association be non-profit. City Manager Garza noted that the City's responsibility should be to provide the facility, noting that he is not interested in recommending that the City become involved in subsidizing the association or assisting them. He stated that with the talk about using public dollars, you always wind up with who benefits, the majority of the community or a small group of individuals. Council Member Guerrero expressed the opinion that he has a problem with a group of individuals who receive income at the expense of the taxpayer, noting that if that is the case, he would vote to raise the fees higher. Assistant City Manager Hennings noted that the staff has been working on this; there are some improvements which need to be made. He stated that if the fee will be $268 to enter a team in the City league, if the softball association comes to the City and says we have 10 teams, here is 10 x $268 to enter the teams, that is fine. Mr. Hennings explained how different softball league are made up and stated that perhaps the relationship has been too close with the softball association. He stated that if a person wants to play on a City league and does not want to pay a fee to the softball association, he should have another avenue. He stated that the system needs to be open enough so that a team can enter and play in a league without having to pay a private organization a surcharge. He stated that the City's charge is to be fair to everyone and treat everyone the same. Ms. Rose Garst, 1442 Maryland, affiliated with the softball association, stated that the City charged $150 for softball last year, and the softball association charged $25 for administrative services and $50 for furnishing softballs for the game. She offered an explanation of what functions the association had when they were in conjunction with the City. Ms. Garst noted that this season the softball association charged $250 per team, explaining all the functions which the association performs. After more discussion, a motion was made by Council Member Guerrero to try and balance the recommendation by going to $268 on the softball fee at a 50 percent recovery and raising the field rental to $41.00 a night. The motion was seconded by Council Member Rhodes and passed unanimously. T Minutes Regular Council Meeting July 5, 1988 Page 6 In answer to a question from Council Member Rhodes in reference to Item No. 12 pertaining to the Splash Point Lease, Assistant City Manager Hennings noted that this is the third reading of the ordinance and the only change is in the modification of the date. There were no comments from the audience with the exception of Item No. 8. City Secretary Chapa polled the Council for their votes and the following were passed: 4. RESOLUTION NO. 20362 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CAT CONTRACTING, INC. AND MICHIGAN SEWER CONSTRUCTION CO., INC., A JOINT VENTURE, FOR THE INSTALLATION OF APPROXIMATELY 12,600 LINEAR FEET OF 20" DIAMETER FORCE MAIN AND CONSTRUCTION OF A LIFT STATION NEAR THE INTERSECTION OF SHARPSBURG ROAD AND UP RIVER ROAD; APPROPRIATING $1,500,000. The foregoing Resolution passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. 5. RESOLUTION NO. 20363 AMENDING THE APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI REGIONAL TRANSIT AUTHORITY. The foregoing Resolution passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. 6. SECOND READING AUTHORIZING THE EXECUTION OF A PARTIAL RELEASE OF COASTAL PUBLIC LANDS LEASE NO. CL -80-008, WHICH IS THE RED DOT BAIT STAND TRACT ON THE JOHN F. KENNEDY MEMORIAL CAUSEWAY; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. 7. SECOND READING AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE BUCCANEER COMMISSION INC. FOR THE USE OF CERTAIN CITY PROPERTIES AND SERVICES DURING THE ANNUAL BUCCANEER DAYS FESTIVAL; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. Minutes Regular Council Meeting July 5, 1988 Page 7 8. SECOND READING AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, BY AMENDING SECTIONS 36-1 THROUGH 36-5 AND SECTIONS 36-7 THROUGH 36-8.1 TO PROVIDE FOR AN ANNUAL REVIEW OF RECREATIONAL CHARGES FOR FACILITIES, EQUIPMENT, AND SERVICES, AUTHORIZING THE PARK AND RECREATION DIRECTOR TO ADJUST THE SCHEDULE OF CHARGES SUBJECT TO APPROVAL OF THE CITY MANAGER, AND AUTHORIZING THE NEGOTIATION OF CHARGES TO EVENTS WITH SPECIAL OR UNUSUAL NEEDS OR REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading, as amended by earlier motion, by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. 9. SECOND READING AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, SECTION 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE --SCHEDULE AND REGULATIONS, BY DELETING THE OUT -OF -CITY LIMITS RESIDENCE FEE AND THE SCHEDULED AUGUST 1, 1988, RENTAL RATE INCREASE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. 10. ORDINANCE N0. 20364 AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 4 WITH THE FEDERAL AVIATION ADMINISTRATION TO FAA LICENSE NO. DOT-FA78SW-1073 TO PROVIDE A SITE FOR MALSR ON RUNWAY #13 AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. 11. ORDINANCE NO. 20365 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIRST NATIONAL BANK OF CORPUS CHRISTI FOR THE OPERATION OF AN AUTOMATIC TELLER MACHINE AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. Minutes Regular Council Meeting July 5, 1988 Page 8 12. ORDINANCE NO. 20366 AMENDING ORDINANCE NO. 19910 AND AUTHORIZING THE EXECUTION OF AN AMENDED LEASE AGREEMENT WITH SINSAN, INC., FOR THE DEVELOPMENT OF A RECREATIONAL FACILITY ON CORPUS CHRISTI BEACH; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Slavik absent. * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 13 pertaining to Amending the City Code to increase the annual inspection fee for wells in marine areas. There were no comments from the Council Members or the audiences. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading: 13. FIRST READING AMENDING THE CITY CODE, CHAPTER 35, OIL AND GAS WELLS, SECTION 35-117, ANNUAL WELL INSPECTIONS, FEE, TO INCREASE THE ANNUAL INSPECTION FEE FOR EACH WELL IN MARINE AREAS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, and Slavik voting, "Aye"; Slavik absent. * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 14 on the agenda pertaining to the Portairs Shopping Center. City Secretary Chapa informed the Council that this item consists of four different actions and will be approved by three Ordinances and one Resolution. There were no comments from the Council Members or the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 14. ORDINANCE NO. 20367 CLOSING AND ABANDONING A 3.6 -FOOT WIDE BY 150 -FOOT LONG PORTION OF CUIPER STREET RIGHT-OF-WAY ADJACENT TO LOT 20R, BLOCK 15, CUIPER ADDITION, PROVIDING THE APPLICANT PAY $2,450 AS THE FAIR MARKET VALUE FOR THE CLOSED RIGHT-OF-WAY AND REPLAT THE PROPERTY WITHIN 180 DAYS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 5, 1988 Page 9 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Slavik absent RESOLUTION NO. 20368 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH PETERSON PROPERTIES, LTD. TO ALLOW AN EXISTING BUILDING OVERHANG AND THREE SETS OF CONCRETE STEPS TO REMAIN WITHIN PUBLIC RIGHT-OF-WAY ALONG A PORTION OF CUIPER STREET AND THE PUBLIC ALLEY ADJACENT TO LOT 20R, BLOCK 15, CUIPER ADDITION, FOR A FEE OF $200. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Slavik absent. ORDINANCE NO. 20369 AMENDING ORDINANCE NO. 10185 PASSED MARCH 24, 1971, BY REPEALING SECTION 1 WHICH GRANTED REVOCABLE EASEMENTS FOR THE USE OF A PORTION OF AYERS STREET RIGHT-OF-WAY FOR PARKING PURPOSES; AUTHORIZING USE PRIVILEGE AGREEMENTS WITH PETERSON PROPERTIES, LTD., AND P.J.C. PARTNERSHIP, OWNERS OF PORTAIRS SHOPPING CENTER, FOR THE USE OF THIS RIGHT-OF-WAY FOR PARKING WITH REVOCATION SUBJECT TO FUTURE STREET WIDENING OR IMPROVEMENTS, FOR A FEE OF $100; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Slavik absent. ORDINANCE NO. 20370 AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR THE PRIVATELY -OWNED PARKING AREAS SHOWN ON THE PLAT OF CUIPER ADDITION TO CLARIFY OWNERSHIP; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Slavik absent. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, and City Manager Garza referred to the City's new logo, presenting samples to the Council. He noted that the logo will be on the new letterhead which needs to be ordered, indicating that there will be no additional charge, noting that he would like to use the logo on City cars so that the City equipment would be visible. Mr. Garza presented the Council with the Five Year Capital Improvements Books. Minutes Regular Council Meeting July 5, 1988 Page 10 Council Member Moss referred to the Watergarden inquiring about what Risk Management considered the potential for accidents, expressing concern for children wading in the rill with the sharp stones, and City Manager Garza noted that he will ask Risk Management to look into the matter, noting that the rill is supposed to be for wading. Mr. Garza noted that the policies will be worked out. Mayor Turner noted that there is tremendous liability potential which needs to be addressed, noting that the policies should be developed as soon as possible and adopted very quickly. Council Member Strong noted that the City employees in the area of the Watergarden have been less then enthusiastic about responding to the public, noting that she would like to have some kind of positive public relations as part of the policy. Mayor Turner called for liaison and other reports from the Council. Boat Pass - Council Member Strong noted that since the Corps of Engineers has approved the permit for the Boat Pass, she thought that it would be appropriate to have representatives from the ROPC Association give an overview of what the next phase will be to keep the Council up to date. Downtown Revitalization - Council Member Berlanga reported that the ceremony at the Farmer's Market was a real success. Economic Development Corporation - Council Member Schwing noted that the Corporation would like to know when they can sign the other contract, and City Manager Garza noted that the contract needs to be brought back to the Council; some issues need to be resolved; and it will be brought back in about a month. Council Member Guerrero referred to the first-class Linda Rondstadt concert and requested staff to write a letter to Ogden Allied encouraging them to bring more of that type of entertainment to Corpus Christi. Mr. Guerrero referred to the recent Farmer's Market ceremony and complaints about children running around the streets after 1:00 a.m. and loud music playing after 12:00 midnight, but he thought there was an ordinance to that effect. Mr. Guerrero referred to an ordinance passed in 1983 pertaining to alarm systems whereby when alarms go off there is a charge from the police, noting that there is a concern from retailers to look into the ordinance because police officers are not responding to the alarms, noting that the stores are being charged. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting July 5, 1988 Page 11 Mr. Matt Kimmel, a student in Corpus Christi, referred to the Watergarden, suggesting an artistic rail or footbridge be built. * * * * * * * * * * * * * At 3:40 p.m., on motion by Mayor Pro Tem Pruet, seconded by Council Member Strong and passed unanimously, the Council went into closed session pursuant to the Texas Open Meetings Act, Article 6252-17, Section 2 (e) (f) (g) and (r) of V.A.C.S. to consider matters relating to personnel; discussion with respect to purchase, exchange, lease or value of real property; to receive information relating to collective bargaining; consultation with the City Attorney seeking the attorney's advice with regard to those matters; and evaluation of City Manager. The Council returned from closed session, and a motion was made by Council Member Guerrero to grant City Manager Garza a $10,000 salary increase. The motion was seconded by Council Member Rhodes and passed unanimously; Moss not voting; Slavik absent. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 5:00 p.m. on July 5, 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 July 5, 1988 which were approved by the City Council on July 12, 1988. WITNESSETH MY HAND AND SEAL, this the /(01 day of - /9 r 1 I Armando Chapa, City Secretary City of Corpus Christi (Lth<r, MAYOR