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HomeMy WebLinkAboutMinutes City Council - 06/30/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 30, 1987 2:00 p.m. PRESENT: Mayor Betty Turner Mayor Pro Tem Mary Pat Slavik Council Members David Berlanga, Sr. Leo Guerrero * Frank Mendez Clif Moss Bill Pruet Mary Rhodes Linda Strong * City Manager Craig McDowell 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 Elliott Grant, Corpus Christi Independent School District Trustee, who also led the Pledge of Allegiance to the Flag of the United States. 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. A motion was made by Council Member Mendez that the Minutes of the Workshop and Regular Council Meetings of June 23, 1987 be approved; seconded by Mayor Pro Tem Slavik and passed unanimously. * * * * * * * * * * * * Mayor Turner read a Resolution recognizing Secundino "Nino" Gutierrez of the Texas Department of Highways and Public Transportation. City Secretary Chapa polled the Council for their votes; and the following Resolution was passed: RESOLUTION NO. 19821 RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE CITY OF CORPUS CHRISTI TO MR. SECUNDINO "NINO" GUTIERREZ, DISTRICT ENGINEER FOR THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR HIS OUTSTANDING EFFORTS AND CONTRIBUTIONS IN THE DEVELOPMENT OF A SUPERIOR TRANSPORTATION SYSTEM WITHIN AND LEADING TO THE CORPUS CHRISTI AREA. MICROFILMED 4inutes Regular Council Meeting June 30, 1987 Page 2 The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." * * * * * * * * * * * * * The Human Relations Annual Awards were presented by Maury Wolfson, Chairman of the Human Relations Commission, who also introduced members of the Commission. Plaques were presented to Dr. Hector Garcia, Mayor Emeritus Luther Jones, and Reverend Elliott Grant who received the awards for individual achievements, and Grace Dobson, Chairwoman of the Board for Whataburger, Inc., accepted the Community Service Award for an industry. * * * * * * * * * * * * * Mayor Turner administered the Oaths of Office to the following newly appointed Board and Commission members: Bill O'Boyle - Regional Transit Authority; Louis Garza, Mike Maldonado - CC Housing Improvement Corp/Loan Review Committee; and Ronald Bradley - Museum Advisory Board. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the improvements to Camron Street, from Padre Island Drive to Flato Road. Mr. James K. Lontos, Assistant City Manager, opened the bids on the project from the following firms: Claude Chapman Construction Co.; J. J. Fox Construction Co.; Hallmark Contracting, Inc.; Haas Paving Company; Heldenfels Brothers, Inc.; Isles Engineering and Construction, Inc.; King Construction Company; Oceanside Asphalt, Inc.; A. Ortiz Construction and Paving, Inc.; South Texas Construction Co.; and Wright Way Construction Co. Inc. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond, and all companies, with the exception of Claude Chapman Construction Co., had acknowledged receipt of the addendum. Mayor Turner expressed appreciation to the bidders for submitting bids on the City projects. * * * * * * * * * * * * * Mayor Turner called for consideration of the action of the Council from the workshop session. A motion was made by Council Member Mendez to designate the Veterans Band of Corpus Christi as the official municipal band for the City with a stipulation that designation does not obligate City funds. The motion was seconded by Council Member Pruet and passed unanimously; Guerrero and Strong absent at the time the vote was taken. (M87-0240) * Council Member Guerrero arrived at 2:55 p.m. linutes Regular Council Meeting June 30, 1987 Page 3 * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Items 1 through 13a. 1. M87-0241 Approving a supply agreement for clay sewer pipe and fittings to McAllen Pipe and Supply based on low bid meeting specifications for an estimated annual expenditure of $67,931.92. The term of this agreement will be twelve months with the option to extend for an additional twelve months based on the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Wastewater Department, and funds were approved in the 1986-87 budget. M87-0242 Approving the purchase of one two -cubic yard and front end loader with guide coupler system from B. D. Holt Co., $50,630, based on best bid; and one three -cubic yard front end loader from Romco Equipment, $63,672.50, based on low bid. The units are to be used by Water and Wastewater Divisions, and funds were approved in the 1986-87 budget. 3. M87-0243 Approving the purchase of seven 25 -cubic yard refuse packer bodies from Specialty Truck and Equipment, $122,850; and seven cab & chassis trucks from Lindley International, $303,617.09. The awards are based on low bids meeting specification. Funds were approved in the 1986-87 budget. 4. M87-0244 Approving the purchase of 1,000 gallons of malathion insecticide from American Cyanamid Company based on the only bid of $16,750. This item will be used by Vector Control and funds were approved in the 1986-87 budget. 5. M87-0245 Approving plans and specifications and authorizing receipt of bids on July 28, 1987, for construction of a surge relief facility at the Caldwell Street Water Reservoir and Pumping Station. 6. M87-0246 Approving plans and specifications and authorizing receipt of bids on July 28, 1987, for the Oso Recreation Center Expansion and H.E.B. Tennis Center Improvements. inutes Regular Council Meeting June 30, 1987 Page 4 7. M87-0247 Approving plans and specifications and authorizing receipt of bids on July 21, 1987, for the extension of a 2 -inch diameter waterline along South Staples Street to serve the Botanical Gardens 8. M87-0248 Approving plans and specifications and authorizing receipt of bids on July 28, 1987, for the renovation and repair of an existing house for use as the Los Encinos Community Center. 9. M87-0249 Authorizing the City Manager to execute a contract and support documents with Nueces County Community Action Agency for the construction of a building to be used as a Headstart Learning Center in the Molina/Los Encinos area. 10. M87-0250 Authorizing acquisition of Parcel 32a/b located off Countiss Drive at a cost of $1,625 for the Turkey Creek Drainage Improvements. 11. M87-0251 Authorizing the City Manager or his designee to enter into a five-year lease agreement with the Corpus Christi Independent School District for the development of Austin neighborhood park on approximately 3.62 acres of school property adjacent to the Corpus Christi Independent School District Adult Basic Education Center. 12. M87-0252 Accepting the Corpus Christi International Airport Entry Identification Sign project; granting the contractor a 27 -day time extension; and authorizing final payment of $4,710.90 to the Zeller Company. 13. M87-0253 Approving an agreement with the Foundation for Sciences and Arts for the construction of a Watergarden in the Bayfront Arts and Science Park. 13a. M87-0254 Amending the agreement with Nueces County for a part-time Municipal Judge be amended to expand the hours with the County paying any increased costs. ,inutes Regular Council Meeting June 30, 1987 Page 5 Regarding the aforementioned Item, No. 13a, Judge Rudy Tamez requested additional hours for the part-time judge so that court could be in session on Saturdays and Sundays. Mayor Turner stated that she would abstain from voting on Item No. 6 because of a conflict of interest. Council Member Berlanga referred to Item No. 1 pertaining to the approval of a supply agreement for clay sewer pipe and fittings. In response to a question from Mr. Berlanga, Assistant City Manager Lontos stated that clay has been used for a number of years, and it is a very good material. Council Member Rhodes referred to Item No. 13 pertaining to the Water Carden Pr 'ec" and _ •ircd if the Foundation has signed the agreement with the o, ., nq:. .gr local contractor, and City Manager McDowell explained that as of yet, they have not. He stated that Mr. Petersen, President of the Foundation for Sciences and Arts, committed to the Council that they would hire a local contractor; and that he would not sign the agreement with the Foundation until the City has the signed agreement with the local contractor. There were no comments from the audience on the Consent Motions. A motion was made by Council Member Mendez to approve Items 1 through 13a; seconded by Council Member Berlanga and passed unanimously; Turner abstaining on Item No. 6; Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Ordinances 14 through 21. Council Member Rhodes referred to the Items pertaining to the establishment of the Airport Board, Library Board, Park Board, Classified Service and Exemptions and Civil Service Board, and requested an explanation of the recommendation that these be established by ordinance. City Manager McDowell stated that the Charter removed all reference to any commissions other than the Civil Service Board and the Planning Commission, and in order to continue with those commissions, the Council needs to adopt the ordinance that creates them. City Attorney George explained that his staff examined the Code of Ordinances with all the boards, and determined that those three boards did not have specific duties established; there is currently an ordinance relating to each one of those boards; and the ordinances under consideration confirm the duties and requirements of the three boards. Council Member Rhodes requested copies of the proposed ordinances. linutes Regular Council Meeting June 30, 1987 Page 6 George Hext, Director of Aviation, spoke in reference to Item No. 15 pertaining to the seafood concession at the airport, and stated it would be a major contribution to the image of the City and the airport. He introduced Mr. Ben Pate of Brant's Place, Inc. who displayed samples of the products which will be sold. Mr. Pate noted that travelers will be offered frozen shrimp, frog legs, scallops and flounder which will be individually wrapped and kept frozen for about 48 hours. Mr. Pate displayed an artist's rendering of the concession, and stated that the business will be in operation by the end of July. Council Member Rhodes referred to Item No. 19 pertaining to the recommendation that the section of the City Code requiring confirmation of appointments be appealed, and inquired if the last City Charter amendment passed by the City took care of that. City Attorney George stated that it did, but that there was a separate ordinance that now is in conflict with the Charter, and the ordinance is being repealed so that the Code will comply with the new Charter. Council Member Mendez referred to the hearings conducted on the Charter amendments, and noted that it was stated then that it would not have any effect on the existing ordinances. Mr. George explained that Mr. Mendez is referring to the Personnel Section of the Charter which relates to the Civil Service Provision, and pointed out that section has an effect on it, and this is referring to the City Manager's appointment authority. There were no comments from the audience on the Consent Ordinances. * Council Member Strong arrived at 3:03 p.m. City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 14. ORDINANCE NO. 19822 ANNEXING A 133.43 ACRE TRACT OF LAND OUT OF LOTS 18-21, 27-31, SECTION 21, AND OUT OF LOTS 5-7, SECTION 22, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS WHICH IS THE PRESENT LOCATION OF BILL WITT PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." linutes Regular Council Meeting June 30, 1987 Page 7 15. ORDINANCE NO. 19823 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRANT'S PLACE, INC. DBA SEAFOOD & SPECIALITIES OF CORPUS CHRISTI FOR THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND ALLIED SPECIALITIES CONCESSION AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 16. RESOLUTION NO. 19824 APPROPRIATING $116,563 TO SUPPLEMENT A PRIOR APPROPRIATION OF $79,365 FOR THE ACQUISITION OF PARCELS 3 AND 4 BY CONDEMNATION FOR THE BALDWIN FARMS DRAINAGE OUTFALL PROJECT. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 17a. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 16, AIRPORT BOARD, SECTION 2-175, MEMBERSHIP, SUBSECTION A; ADDING A NEW SECTION 2-176, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 17b. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 3, LIBRARY BOARD, BY ADDING A NEW SECTION 2-77, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." I7c. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 2, PARK BOARD, BY CREATING A NEW SECTION 2-72, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." iinutes Regular Council Meeting June 30, 1987 Page 8 18. SECOND READING AMENDING THE CITY CODE, CHAPTER 39, PERSONNEL, BY AMENDING SECTION 39-2, TO ESTABLISH A CLASSIFIED SERVICE AND EXEMPTIONS; CREATING A NEW SECTION 39-17, CIVIL SERVICE BOARD COMPENSATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 19. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY REPEALING SECTION 2-55, CONFIRMATION OF APPOINTMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 20. SECOND READING AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-4, JUDGES, GENERALLY --OFFICES CREATED; SALARIES; QUALIFICATIONS; APPOINTMENT AND TERM; REMOVAL, SUBSECTIONS (c) (d), SO AS TO ESTABLISH QUALIFICATIONS FOR MUNICIPAL COURT JUDGES, ESTABLISH A TERM OF OFFICE, AND PROVIDE FOR APPOINTMENT BY THE CITY COUNCIL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 21. SECOND READING AUTHORIZING THE EXECUTION OF SIX FARMING LEASE AGREEMENTS WITH W. A. WHITMIRE, BERNSEN BROTHERS, JOHN KELLY, KLOSTERMANN FARMS, KOCUREK FARMS, AND PAT McDONOUGH FOR PROPERTY AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on a request to close and abandon six street stubouts along Oso Parkway between South Staples Street and Everhart Road. inutes Regular Council Meeting June 30, 1987 Page 9 Assistant City Manager Lontos stated that Urban Engineering as agent for Corpus Christi Land Venture, owner of the adjacent property, has applied to the City for closure of six street stubouts along Oso Parkway between South Staples Street and Everhart Road because these stubouts conflict with the development layout proposed for the property. Mr. Lontos stated this matter is before the Council for clarification problems which have developed because a plat was erroneously filed which included the six turnouts when the developer had actually changed his mind about having the turnouts. He gave a brief presentation of the situation and displayed slides of the area in question. He stated that the Staff recommends the closure and abandonment of the six street stubouts, noting that there is no visible evidence of the streets. There were no comments from the audience in opposition to the request. A motion to close the public hearing was made by Council Member Mendez; seconded by Council Member Strong; and passed unanimously. Mr. Lontos noted that there will be an ordinance in reference to the above closure on a future agenda. * * * * * * * * * * * * * Director of Planning, Larry Wenger, gave a brief presentation pertaining to the Comprehensive Plan and gave an explanation of the planning process, discussed policy statements, goals and objectives. He stated that there will be a public hearing next week on the adoption of the policy statements which is an element of the Comprehensive Plan. He stated that the purpose of the document partially meets the requirements of the new City Charter for comprehensive planning, and read an excerpt from Article 5, Section I which is the purpose and intent of the City Charter. He continued by stating that this is the first step in complying with the mandate in the Charter; it suggests long range community goals, and that they are very similar to the goals of the Council in reference to their two-year plan. He further continued by stating it is to be reviewed every five years; it is a working document; it is intended to be flexible; Staff has attempted to get as much public input as possible; and they have had extensive meetings with five different groups in the City. Mr. Wenger stated that because of the differences of opinion by those groups, the Planning Commission asked the Staff to study the document again; and the Staff set up a series of meetings with those groups and had some extensive discussions which resulted in the consensus that they would support the plan. Discussion followed by the Council, and Mr. Wenger displayed slides of the twelve areas of the City which are involved. He referred to the public hearings which will be advertised; he stated that the Staff is trying to get as much coverage as possible; and that the Council would be notified of the dates of the hearings. Mayor Turner asked Mr. Wenger to provide the Council with a schedule of the hearings. * * * * * * * * * * * * * Minutes Regular Council Meeting June 30, 1987 Page 10 Council Member Berlanga referred to the expanded tax sales bill that will be passed, and suggested to the Council that they pass a Resolution supporting the diversion of the expanded sales tax to go to the City to be used for economic development rather than increase the funds for the Regional Transit Authority. Members of the Council noted that had already been done, and City Manager McDowell stated that the Council sent a letter to Senator Truan which suggested that if the sales tax base were expanded, that it should afford the Cities an opportunity to do this. He stated that he thought the RTA had voted not to impose the additional tax on an expanded base. Council Member Mendez stated that this is not the same as the one the Council had discussed in the regular session; the reason being is that the tax base is going to be expanded; the money is going to be realized whether it is realized by the Transit Authority or by the City for economic development; and he thought that the latter is more important. He stated that he supported Mr. Berlanga's recommendation. A motion was made by Council Member Berlanga to send a Resolution with the proper wording to our elected representatives. The motion was seconded by Council Member Mendez and passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye;" Guerrero voting, "No". Council Member Berlanga referred to the distance markers on the seawall which are placed there by different groups, and suggested that the City put up its own markers to avoid other parties doing so, and City Manager McDowell stated that the Staff would look into this matter. Mayor Pro Tem Slavik referred to hurricane season and suggested that the Council meet with Mr. Penrod Harris, who is head of Civil Defense, to review the City's hurricane policies & procedures. Council Member Moss inquired about Dr. Tirschwell's request regarding Council Members who will be attending the trip to Yokosuka, Japan in August, and City Manager McDowell stated that the Staff has been working on this and he should have that information within a few days. Mr. Moss pointed out the shortfall in the City's budget and the fact that consideration is being given to decreasing the City's work force. He expressed the opinion that it seemed inappropriate to spend City funds to purchase airline tickets for several Council Members to go to Yokosuka under the circumstances. Mr. Moss then made a motion that only one individual be allowed to go to Yokosuka at City expense. The motion was seconded by Council Member Rhodes. Mayor Pro Tem Slavik stated that a decision should not be made today, and expressed concern that the people involved in this project were not at the meeting to speak, mentioning in particular, Dr. Howard Tirschwell and Gary Bushell. linutes Regular Council Meeting June 30, 1987 Page 11 Council Member Guerrero referred to the $22,000 mentioned by Dr. Tirschwell, and City Manager McDowell stated that the Council limited it to the Council only, and Dr. Tirschwell has been trying to solicit the funds for expenses of other individuals who plan to take the trip. City Secretary Chapa stated that $34,000 of the current budget has been earmarked for City Council travel expenses; the City has no clear-cut policy on how that money is spent; the Council Members decide which meetings are important to attend and ask for reimbursement; and spouses are allowed to attend only three out-of-town meetings a year at City expense. Council Member Strong stated that the commitment has been made by the City to go on the trip to Japan; the transportation cost would come out of the Council's travel expense account which has already been budgeted; each Council Member decides which trips are important; and that no authorization is required from the other Council Members. Council Member Mendel stated that since he has been on the Council, there were three budgeted trips that spouses could attend, and that it should be at the discretion of the Council Members. Council Member Moss stated that the City is saying we cannot buy library books or fund other projects, yet some of the Council is planning a trip to Japan at City expense. He stated that as a token, the Council should not allocate City funds for this trip. Mayor Pro Tem Slavik stated that the people from Japan were expecting a large group of City officials and would be offended if only one Corpus Christi official made the trip. Council Member Rhodes referred to the fact that the Council does not have a travel policy; she would support any kind of motion where an equal amount of the budget is divided equally among all Council Members; the Council should be the first ones to tighten their belts; we are asking all the department heads to do this; we are asking a lot more of the Staff; and we need to be the first ones willing to cut our budget. Mayor Turner stated that the City is in a budget crunch; we need to look at our budget as it relates to travel; there should be some flexibility; and we should develop some policy. She further stated that if a Council Member is going on a trip as an official representative of the Council, the Council needs to know what position that person is taking, and she would like a report back of what happened, who that person saw, etc. Much discussion followed and Council Member Moss revised his motion suggesting that no more than three representatives of the City go on the trip at City expense designating the Mayor, City Manager and Dr. Tirschwell. The motion was seconded by Council Member Rhodes. 4inutes Regular Council Meeting June 30, 1987 Page 12 After more discussion, Council Member Moss made a motion to table action on the above motion for one week; seconded by Council Member Rhodes and passed by the following vote: Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet and Rhodes voting, "Aye"; Turner, Berlanga and Strong voting, "No." _ The Council assigned Council Members Guerrero and Rhodes the task of devising a travel policy for Council Members. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Peter Benucchi, spoke in reference to the Council's travel policy and questioned the benefit to be derived from sending so many people to Japan. The Council convened in closed session at 4:32 under the authority of Article 6252-17 of V.A.C.S. to discuss personnel grievance matters. The Council Meeting reconvened at 5:00 p.m., and it was the consensus of the Council to deny the appeal of Noe Ambriz and Richard Martinez. The Council requested the transcript of the Juan T. Martinez hearing from the Civil Service Board, and appointed a team of two Council Members, Moss and Mendez, to review and make recommendations on the Civil Service Board procedures. There being no further business to come before the Council, a motion was made by Council Member Guerrero, seconded by Council Member Strong, and passed unanimously that the meeting be adjourned at 5:07 p.m. 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 June 30, 1987, which were approved by the City Council on July 7,/1987. WITNESSETH MY HAND AND SEAL, this the iW N day of `.h47 /ft 7 . Betty Tner, MAYOR -J2e-\____ Armando Chapa, City Secretary City of Corpus Christi, Texas