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HomeMy WebLinkAboutMinutes City Council - 09/15/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 15, 1982 2:00 P.M. Present: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy City Manager Edward Martin Bob Gulley City Attorney J. Bruce Aycock, *Herbert L. Hawkins, Jr. City Secretary Bill G. Read **Dr. Charles W. Kennedy Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. In the absence of the invited minister, the invocation was given by Mr. Kenneth Boland, an employee in the City's Water Division. The Pledge of Allegiance to the Flag of the United States was` led by Council Member Bob Gulley. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally con- stituted meeting. Mayor Jones noted the issuance of the ` following proclamation: "CONSTITUTION WEEK" - September 17-23, 1982. A motion was made by Mayor Pro Tem Turner that the minutes of the Special Council Meeting of September 1, 1982 be approved as presented; seconded by Council Member Zarsky; and passed unanimously. ************* Mayor Jones, assisted by Mr. Charles Speed, Personnel Director, presented certificates of completion of the Texas A&M Engineering Extension Service's six -part series on supervisory management to the following employees: Juan M. Gamez, Wastewater Division; John O. Dumes, James L. Riley, Mike E. Vargo, Elmer P. Funke, Kenneth W. Boland, Rafael W. Boland, Ronnie Smith, Water Division; Linda Mae Flores, Planning; Amanda Pape, Information Services; Zulema S. Vielma, Sanitation; Tomas V. Torres, Tom Fox, Awdon Loa Mendiola, Park Maintenance; Bill Moore, James M. Vineyard, Gas Division; William R. Smith, Michael Passarello, Museum and Frank F. Schlegel, Jr., Street Division. *Council Member Herbert Hawkins arrived at the meeting at 2:19 p.m. ************* CRAFILMEDSEP 191984 Minutes Regular Council Meeting September 15, 1982 Page 2 Mayor Jones called for actions of the Council from the Workshop Session on the following items: 1. The issuance of industrial revenue bonds for hotel -motel projects be restricted in all areas except the Central Improvement District and the Days' Inn proposal still be considered for approval by the Corpus Christi Industrial Development Corporation. A motion was made by Council Member Gulley that the foregoing action be confirmed, seconded by Council Member Hawkins and passed unanimously. 2. Mayor Jones be designated as the voting delegate and Council Member Dumphy as the alternate voting delegate at the annual business session of the Congress of Cities, Wednesday, December 1, 1982 in Los Angeles, California. A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council Member Gulley and passed unanimously. * ************ Mayor Jones announced the scheduled bid opening on •the following item: A three year oil and gas lease for 3 tracts, i.e., .91 acre McBride Lane Wastewater Lift Station, 5 acres in the Coastal States Refinery on the north side of Up River Road and a .158 acre vacant lot on Donna Street. Mr. F. D. Glenn, Purchasing Agent, opened the one bid received on this lease from Sexton Oil & Minerals Corporation. Mayor Jones commented that over 600 oil wells had been drilled in the bay; 200 are in operation today; and there has never been an oil spill. Council Member Dumphy inquired about the oil well at the airport, and Mr. James Conn, Petroleum Superintendent, explained that it is a producing gas well; the gas is going directly into the City's supply; the amount of money being generated from this well is $75,000 per year; and the City will soon receive royalty payments. * ************ City Manager Ed Martin referred to the public hearing scheduled for 2:30 p.m. on the closing of Twigg Street, from Mesquite to Lower Broadway, and Lower Broadway from Taylor to Twigg Streets. He stated that he would like to withdraw this item because he has just received a letter from the Corpus Christi Caller -Times withdrawing their request for the street closures. He stated that the Caller -Times has indicated that they will provide other means of working out their parking problem and he assured the Council that the staff will work with personnel from the Caller -Times on their parking problem. * * * * * * * * * * * * * Minutes Regular Council Meeting September 15, 1982 Page 3 Mayor Jones called for actions of the City Council by motion on the following items: 1. Plans and specifications be approved for Bali Drive Street Improve- ments and bids be received on October 13, 1982. This is a 1977 Voluntary Paving project and provides for the reconstruction of Bali Drive from Mediterranean Drive northerly to the main Tropic Isles channel. 2. The firm Laventhol & Horwath, Certified Public Accountants be retained to provide financial evaluation of proposals for the renovation and/or expansion of City office facilities. 3. The City Manager be authorized to apply for financial assistance from the Texas Parks and Wildlife Department for the •development of Middlecoff, Jackson and Turtle Cove Parks for public outdoor. recrea- tion purposes and to execute all documents necessary to implement the grant if it is approved. . 4. An agreement be renewed between the City of Corpus Christi and the Corpus Christi Oil Spill Control Association for joint use of the 38 -foot crew boat for a five-year period. 5. Bids be received October 12, 1982 for twelve months supply agree- ment for water and wastewater treating chemicals including an estimated 208 tons of calcium oxide, 86 tons of sodium silicofluoride, 123 tons of anhydrous ammonia, and 767 tons of liquid chlorine in one ton cylinders. 6. Twelve months supply agreement for 1 ,126 flashlights, 48 lanterns, 30,758 batteries and 2200 bulbs for various activities, be approved based on low bid with Gulf King Marine, Aransas Pass, for $12,592.12. Eight bids were received. Prices have increased less than 1% since the previous contract of July 29, 1981. 7. Bids be received October 5, 1982 for a twelve months supply agree- ment for fire fighting clothing and accessory equipment for the Fire Department, including approximately 88 fire helmets, 106 bunker suits and 171 pairs of boots. 8. The City Council finds that the facts presented in the appeal of Mr. Joe M. Solis from the action of the Civil Service Board do not justify reversal of the Board's decision and Mr. Solis' appeal of the Board's upholding of his indefinite suspension is denied. 9. A modified Burglary Task Force grant which reduces the previously requested grant from $164,338 to $34,130 be accepted. Correspond- ingly, the City's cash contribution representing a 25% match for equipment purchases will be reduced from $8,422 to $1,597. There were no comments from the Council on these items, and Mayor Jones called for comments from the audience. Mr. Richard Silvas, attorney representing Mr. Joe M. Solis, addressed the Council in regard to item 8 pertaining to the appeal of Mr. Solis from the action of the Civil Service Board. He requested that the Council reconsider the proposed action to deny Mr. Solis' appeal because he was of the opinion that if the Council could hear the entire case, they would not deny Mr. Solis' appeal. He pointed out that Mr. Solis worked for the City for 11 years; he worked approximately 60 to 85 hours per week; he was paid overtime for the extra hours and earned approximately $35,000 per year with his overtime. He explained that during the last hurricane, he left his family and worked with the Minutes Regular Council Meeting September 15, 1982 Page 4 City. He suggested that the violation for which Mr. Solis was indefinitely suspended did not warrant such harsh measures. He asked that the Council consider the man's total work record and the fact that if he had not been a good employee and a good crew chief, he would not have been requested to work so much overtime. Mayor Jones inquired of Mr. Silvas if he had been provided with a copy of the City's response which was prepared by Ms. Melene Dodson of the City's Legal Department. Mr. Silvas stated that he had been provided with a copy and he questioned some of the points that she made, noting that a recording was not made of this hearing before the Civil Service Board. Mr. Silvas expressed the opinion that Mr. Solis should have been allowed to continue working with the City following a demotion from supervisor and he felt that he could perform a good job for the City in a lower position in the future. Council Member Hawkins pointed out that this is not just a matter of one employee not doing his job, but this man walked away from his crew when they were working. This type of situation creates many problems for the entire City. He reminded Mr. Silvas that a lot of the taxpayers object to the fact that apparently some employees act in this manner and this gives the entire City a bad image. Mayor Pro Tem Turner also pointed out that this is not the first infraction by Mr. Solis of the same nature. Mr. Chuck Speed, Personnel Director, stated that there have been several other problems with this employee and he was suspended for 30 days in 1979. He informed the Council that all of this is documented in his file and he was counseled by his employer many times about his job performance. Mr. Silvas stated that, in his opinion, Mr. Solis had discretion as a super- visor to leave the job site as long as his instructions have been given to his employees. - Mr. Speed explained the situation in 1979 at which time the City had indefinitely suspended Mr. Solis, but the Civil Service Board reduced that indefinite suspension to a 30 -day suspension, yet this same type of situation has occurred several times since then. Minutes Regular Council Meeting September 15, 1982 Page 5 Council Member Dumphy informed Mr. Silvas that each time that this type of appeal is presented to the Council, he reads every bit of information provided, and although he does not like to see anyone lose his job, after reading the files on Mr. Solis, he was of the opinion that this employee was a detriment to the City. Mr. Silvas again urged that Mr. Solis be given another chance, and Mr. Dumphy pointed out that he had had many opportunities to improve his job performance, yet he continued to leave job sites to meet a woman to go to a tavern. Council Member Zarsky inquired if it is possible to demote someone to another position, and Mr. Speed stated that this is a procedure that can be followed according to the Civil Service Rules. Mr. Martin pointed out that a demotion is appropriate if the person is not able to handle his job, but this particular employee was not in this situation because he walked off the job and went into a tavern with a woman and he did not think that this type of situation and this type of violation merits demotion as punishment. He pointed out that this was a repeated pattern practiced by this employee. Council Member Hawkins inquired if Mr. Solis could apply for another position with the City, and Mr. Speed stated that he would be eligible to apply. There were no further comments on the motions. A motion was made by Mayor Pro Tem Turner to approve items 1 thru 9, seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for actions of the City Council by ordinance and called for consideration of the new ordinances first. Assistant City Manager James K. Lontos referred to the first reading of the ordinance pertaining to the water main extension policy and explained to the Council that the Offsite Utility Committee and the Planning Commission recommended the total exclusion of subdivision or tracts which were contrac- tually annexed prior to June 23, 1982 from the lot/acreage fee, and the staff recommends this exclusion of the fee only to the extent that credits against such future fees be allowed for prior offsite extension or oversizing which would otherwise be eligible for reimbursement under the policy. He explained that the staff feels that in those annexation agreements, there is a provision Minutes Regular Council Meeting September 15, 1982 Page 6 for the existing subdivision, but the staff is of the opinion that any future additions to the subdivision should not be excluded from the fee. He explained that there are several subdivisions that fall in this category such as Sugar Ridge Subdivision, Club Estates and Hunters Point Subdivision. Mr. Lontos further explained that if the cost of the water line for future additions to existing subdivisions exceeds the cost that would be assessed if they were in the city limits, then the staff would recommend a credit for the excessive amount. He noted that there will be no problem with subdivisions that are annexed in the future and the question is which policy should be approved for the three subdivisions mentioned above. A motion was made by Mayor Pro Tem Turner to table the first reading of ordinance "b", seconded by Council Member Dumphy. Mayor Jones inquired if this would present any problems to the sub- dividers or the staff, and City Manager Martin pointed out that this is a three reading ordinance; there are some positive aspects connected with the ordinance; and suggested that both ordinances containing the different clauses be read on first reading today and a decision made after further discussions with the Offsite Utility Committee prior to the third reading. Mayor Pro Tem Turner withdrew her motion to delay the first reading of this ordinance and Council Member Dumphy withdrew his second to the motion. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: FIRST READING: AMENDING SECTION 53-250, SCHEDULE I, ONE-WAY STREETS AND ALLEYS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye"; Kennedy "absent". FIRST READING: AMENDING THE PLATTING ORDINANCE, ORDINANCE NO. 11168, AS AMENDED, SECTION V -B (5), THE WATER MAIN EXTENSION POLICY, PROVIDING IN SUBSECTION 5(i) FOR THE EXCLUSION OF WATER POLICY LOT/ACREAGE FEE REQUIREMENTS TO INDEPENDENT WATER DISTRICTS• AND PREVIOUSLY PLATTED PROPERTY FOR WHICH THE LOT/ACREAGE FEE HAS ALREADY BEEN PAID AND PROVIDING FOR THE EXCLUSION OF LOT/ACREAGE FEES FOR SUBDIVISIONS OR TRACTS CONTRACTUALLY ANNEXED PRIOR TO JUNE 23, 1982. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye"; Kennedy "absent". Minutes Regular Council Meeting September 15, 1982 Page 7 FIRST READING: AMENDING THE PLATTING ORDINANCE, ORDINANCE NO. 4168, AS AMENDED, SECTION V -B (5), THE WATER MAIN EXTENSION POLICY, PROVIDING IN SUBSECTION 5(1) FOR THE EXCLUSION OF WATER POLICY LOT/ACREAGE FEE REQUIREMENTS TO INDEPENDENT WATER DISTRICTS AND PREVIOUSLY PLATTED PROPERTY FOR WHICH THE LOT/ACREAGE FEE HAS ALREADY BEEN PAID AND PROVIDING IN SUBSECTION 5(f) FOR A CREDIT AGAINST LOT/ACREAGE FEES FOR SUBDIVISIONS OR TRACTS CONTRACTUALLY ANNEXED PRIOR TO JUNE 23, 1982 FOR COSTS OF ELIGIBLE OFFSITE EXTENSION AND OVERSIZING OF WATER LINES INSTALLED BY DEVELOPERS PRIOR TO JUNE 23, 1982. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye"; Kennedy "absent". SECOND READING: AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye"; Kennedy "absent". SECOND READING: AMENDING SECTION 53-55 OF THE CODE OF ORDINANCES BY REVISING THE CITY'S PARKING FINE ASSESSMENTS FOR PARKING VIOLATIONS; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye"; Kennedy "absent". ORDINANCE NO. 17253: CANCELING THE LEASE AGREEMENT WITH PUMPKIN AIR AUTHORIZED BY ORDINANCE NO. 16925 AND AUTHORIZING A NEW LEASE AGREEMENT WITH PUMPKIN AIR FOR A COMMERCIAL HANGAR PLOT. The foregoing ordinance was read for the third time and• passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye"; Kennedy "absent" ORDINANCE NO. 17254: AUTHORIZING A CONTRACT WITH URBAN ENGINEERING FOR DESIGN OF PERMANENT PLANT IMPROVEMENTS AT THE ALLISON WASTEWATER TREAT- MENT PLANT; APPROPRIATING $235,000 FOR THIS SERVICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye; Kennedy "absent". ORDINANCE NO. 17255: AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE OF TEXAS CONCERNING THE CONSTRUCTION OF AIRLINE ROAD; APPROPRIATING $372,100 FOR CITY'S SHARE OF CONSTRUCTION COSTS; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye; Kennedy "absent". Minutes Regular Council Meeting September 15, 1982 Page 8 ORDINANCE NO. 17256: CLOSING AND ABANDONING THE SOUTH 0.5 FOOT WIDE BY 96.82 FOOT LONG PORTION OF A 7.5 FOOT WIDE BY 106.82 FOOT LONG UTILITY EASEMENT ALONG THE NORTH SIDE OF LOT 16, BLOCK 4, WOODLAND CREEK UNIT 5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye; Kennedy "absent". ORDINANCE NO. 17257: AMENDING THE STORM DRAINAGE AND SANITARY SEWER MASTER PLANS FOR THE AREA WEST OF CALALLEN BY MODIFYING NATURAL DRAINAGEWAYS, REDUCING THE SANITARY SEWER INFILTRATION ALLOWANCE, AND ADOPTING CONCEPT OF INSTALLING STAGED OR MULTIPLE LINES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye; Kennedy "absent". ORDINANCE NO. 17258: APPROVING REVISIONS TO THE CIVIL SERVICE BOARD RULES AND REGU- LATIONS RECOMMENDED AT CIVIL SERVICE BOARD MEETING OF AUGUST 17, 1982; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye; Kennedy "absent". ORDINANCE NO. 17259: AMENDING THE BUILDING CODE BY ADOPTING BY REFERENCE THE FLOOD INSURANCE RATE MAP DATED OCTOBER 31, 1975; PROVIDING FOR PUBLICA- TION; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting "aye; Kennedy "absent". * * * * * * * * * * * * * A motion was made by Council Member Gulley that the Regular Council Meeting be recessed at 3:15 p.m. in order to convene the Special Council Meeting on zoning cases; seconded by Mayor Pro Tem Turner; and passed unanimously. * * * * * * * * * * * * * **Council Member Kennedy arrived during the Special Council Meeting and was present for the remainder of the Regular Meeting. Mayor Jones reconvened the Regular Council• Meeting at 4:00 p.m. and called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Donald Phillips addressed the Council in regard to the possibility of issuing peddlers license with a greater fee for those from outside the City. He Minutes Regular Council Meeting September 15; 1982 Page 9 stated that during Buccaneer Days and other events of the City many people come from all over the United States and sell all types of items and leave with that money to go back home. He stated that he personally sells balloons during the Buccaneer Days activities and he felt that the people who are residents of the City should not have to pay as much for a permit as those from outside the City. Mayor Jones inquired about the procedure followed at this time. City Secretary Read explained that the Code requires that itinerant vendors obtain a license in the amount of $50 and provide a bond in the amount of $2,000. He pointed out that selling balloons or any other item is illegal on public streets, sidewalks and rights-of-way for everyone, including local residents. He admitted that this is done during Buccaneer Days but the police are too busy to enforce this violation of the Code and the practice has continued for many years. Mr. Phillips pointed out that people from many other states come into the City and make a great deal of money which they take home with them and he still felt that permits should be issued to local residents first. Mayor Jones suggested that the ordinance pertaining to this be investigated with the possibility of changing it to require a peddler's permit. Mr. Ronald Magee referred to the fact that the Public Utility Commission denied the City of Corpus Christi's request for a rehearing on the Central Power and Light Company rate increase. He asked what action the City plans to take prior to the deadline of October 8, 1982. He expressed the opinion that a monster had been created at the State level when the Public Utility Commission was formed and he hoped that every City in the State attempts to get this commission with appointive positions eliminated. He also urged that the City Council pursue the suit against the Public Utility Commission because of the high rate increase granted to Central Power and Light Company. He expressed the opinion that citizens should have elected officials to represent them and make decisions on the Public Utility Commission. Mayor Jones requested that the City Manager prepare a report on this. City Manager Martin stated that he had that information that he could provide now and explained that the last step the City took was to request a rehearing; this was denied; Don Butler is preparing a report and a letter to the Steering Committee of the Coalition of the Cities which was formed to oppose Minutes Regular Council Meeting September 15, 1982 Page 10 the CP&L request. He explained that one option is to appeal this, but it would be very expensive and a difficult battle to win. He stated that Mr. Magee was correct that something must be done prior to October 8. He assured the Council that as soon as they have the letter from Mr. Butler, a report will be provided the Council. Mayor Pro Tem Turner inquired if the Texas Municipal League has taken a position in regard to the suggestion that the Public Utility Commission members be elected. City Manager Martin stated that they have not addressed this issue yet. Council Member Kennedy referred to the closed meeting on the personnel matter which was scheduled for the morning workshop and inquired if they could meet on this matter at this time. Discussion followed and City Secretary Read stated that the discussion during the closed session this morning was incomplete and he was of the opinion that it would be legal for the Council Members to convene again on the same matter for additional discussion. Assistant City Attorney Bob Coffin also agreed that it would be in order to go back into the closed session since the action was incomplete. A motion was made by Council Member Kennedy that the Council convene in closed session to discuss a personnel matter; seconded by Mayor Pro Tem Turner; and passed unanimously. City Secretary Read announced that the Council was convening in closed session under the authority of Article 6252-17 of V.A.C.S. The Council then went into closed session at 4:20 p.m. * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 4:30 p.m. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 4:30 September 15, 1982. p.m.,