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HomeMy WebLinkAboutMinutes City Council - 03/15/1988MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING KOSTORYZ ELEMENTARY SCHOOL MARCH 15, 1988 6:30 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Council Members: Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Vti Mayor Betty Turner called the meeting to order at Kostoryz Elementary School and expressed appreciation to the principal of the school and the students for opening up the school for the Council Meeting. The invocation was given by Reverend Thurnace York of the Assembly of God Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Pruet. The Mayor, Council Members and City Staff introduced themselves to the audience, and City Secretary Chapa verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of March 8, 1988. City Secretary Chapa noted that an attachment to the Minutes was inadvertently left out and should have been part of the official record. A motion was made by Council Member Pruet that the Minutes of the Regular Council Meeting of March 8, 1988 be approved as amended; seconded by Council Member Schwing and passed unanimously. Ms. Ellen Trevino, Executive Director of "Keep America Beautiful," informed the Council that Corpus Christi has been invited to be one of the fifty Glad-Bag-A-Thons cities in the United States. She noted that the Glad-Bag-A-Thon began in early March and will conclude with a party on Corpus Christi Beach on April 9th at 11:00 a.m. at the Recreation Center and she invited the Council Members to attend. MICROFILMED Minutes Regular Council Meeting March 15, 1988 Page 2 Mr. Berney Seal, City appointee for the Economic Development Commission, gave a lengthy presentation on Area Economic Development. Mr. Seal noted that he attended a retreat last week on Economic Development and stated that the most important thing in Corpus Christi is education, and that the City has to have a Homeport type effort in Corpus Christi in order to get a four-year university for our community. He stated that the City needs a stated policy in Corpus Christi for the incentives that are tailored to the types of companies that the City needs to attract. He further stated that the City needs direction; and that what is really needed is focus and goals that are attainable. Mr. Seal stated that he is convinced that tourism is the answer in Corpus Christi. Discussion followed by various Council Members inquiring about what the Council can do to help with Economic Development, and Mr. Seal stated that he thought all the groups involved in Economic Development should get together at a retreat or seminar to discuss the City's goals and where the City is going. Mr. Seal noted that he would provide a list of all the groups working towards Economic Development who could be involved in a discussion collectively. Mr. Seal expressed the opinion that he thought the City Council should take a prominent lead in a four-year university; that the City needs a non-binding referendum on the November election; and that the Council should talk to Judge Barnes about putting it on the ballot. Robert K. Olson, Chief of Police, announced that the Police Department will begin their first Citizen's Police Academy. Chief Olson introduced members of the Police Training Advisory Board who put together the program which will begin March 23 and last for ten weeks. Chief Olson invited members of the Council and City Staff to participate in the program and stated that he would like to get all the citizens involved with the Police Department. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 4. 1. M88-0053 Approving a supply agreement for natural gas odorant to be used by the Gas Division with Natural Gas Odorizing, Inc. in the amount of $10,584 based on low bid meeting specifications. 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. Minutes Regular Council Meeting March 15, 1988 Page 3 2. M88-0054 Approving a request by the Texas Bicycle Promotions for the closing of parts of No. Shoreline Boulevard, northbound and southbound lanes, between Belden Street and Hughes Street, and several adjoining street sections for the purpose of conducting a Bayfront Criterium Circuit Race on March 26, 1988. 3. M88-0055 Authorizing located on Street, for Project. 4. M88-0056 acquisition by condemnation settlement of Surfside Boulevard between Breakwater Avenue $88,500 in connection with the Aquarium Land Parcel 7, and Pearl Acquisition Accepting the Flour Bluff Area Street Improvements project; granting the contractor a 5 -day time extension; and authorizing final payment of $46,891.04 to Haas Paving Company, Inc. In reference to Item No. 3 pertaining to the Aquarium Land Acquisition Project, Parcel 7, Council Member Slavik inquired about the size of this parcel, and Victor Medina, Engineering Services Director, replied that he will provide the Council with that answer in their Thursday night packet. Council Member Moss inquired about the price per square Medina replied he will get back with the answer to Mr. Moss, but comparable price to the other parcels that the City purchased. Mayor Pro Tem Berlanga inquired about another appraiser, stated that the Staff decided instead of going to condemnation higher price. A motion was made by Council Member Guerrero to approve Motions 1 seconded by Council Member Strong and passed unanimously. foot, and Mr. stated it was a and Mr. Medina to agree on a * * * * * * * * * * * * * thru 4; Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 5 thru 12, and Council Members requested that Items 7 and 9 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: Minutes Regular Council Meeting March 15, 1988 Page 4 5. ORDINANCE NO. 20238 AMENDING ORDINANCE. NO. 19808 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: Flour Bluff Area - 1. Tahiti and Samoa Drives, from Mediterranean Drive to Cul -de -Sacs, 2. Bimini Drive, from Caribbean Drive to Cul -de -Sac; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 6. RESOLUTION NO. 20239 APPROPRIATING $21,000 FROM THE UNALLOCATED PARK BOND FUND TO BE ACCOMPLISHED AT DICK RUNYAN TEENAGE BASEBALL CONSTRUCTION FORCES. The foregoing Resolution passed by the following vote: Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong 8. RESOLUTION NO. 20241 N0. 291 FOR WORK FIELD BY PARK Turner, Berlanga, voting, "Aye." CONFIRMING THE TERMINATION BY THE CITY COUNCIL PURSUANT TO THE CITY CHARTER, ARTICLE III, SEC. 1, OF CRAIG A. McDOWELL AS CITY MANAGER. The foregoing Resolution passed by the following vote: Berlanga, Guerrero, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Turner, Moss and Schwing voting, "No." 10. ORDINANCE NO. 20243 AUTHORIZING THE EXECUTION OF A MODIFIED SECOND AMENDED AGREEMENT WITH CORPUS CHRISTI JUNIOR COLLEGE DISTRICT RELATIVE TO REINVESTMENT ZONE NO. ONE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 11. ORDINANCE NO. 20244 CLOSING AND ABANDONING NORTH SHORELINE BOULEVARD FROM CANAL AVENUE TO A POINT 200 FEET NORTH OF THE NORTH RIGHT-OF-WAY OF BENNETT STREET, CANAL AVENUE FROM THE EXTENSION OF THE EASTERLY RIGHT-OF-WAY OF THE PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH HOTEL ADDITION, TO ITS EASTERN DEAD END AT CORPUS CHRISTI BAY, SURFSIDE BOULEVARD FROM THE SOUTH RIGHT-OF-WAY OF CANAL AVENUE TO ITS DEAD END AT CORPUS CHRISTI SHIP CHANNEL, AND BENNETT STREET FROM SAID EXTENSION OF THE EASTERLY RIGHT-OF-WAY OF THE PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH HOTEL ADDITION, TO ITS DEAD END AT CORPUS CHRISTI BAY, SUBJECT TO REPLATTING; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 15, 1988 Page 5 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 12. ORDINANCE NO. 20245 AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION PLAN STUDY -1979, ADOPTED BY ORDINANCE NO. 15181 ON OCTOBER 17, 1979, AS AMENDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." In reference to Item No. 7 pertaining to the Southside Plant Selection Study, Council Member Moss inquired if this is urgent and should be done immediately, and Assistant City Manager Jesus Garza replied in the affirmative; it is urgent in the sense that the City needs to identify the site and get it tied down so that the Master Plan for the Southside can be completed. He stated it is something that is going to have to be done and the money was moved forward for this specific purpose this year. City Manager Garza noted that this was the priority of the Council that the Staff is actually working on. Council Member Moss inquired how long before the plant will be operating if this is approved, and Assistant City Manager Garza replied that Staff does not anticipate the plant to be needed until about the year 2000. In answer to a question from Council Member Moss, Assistant City Manager Garza stated it will be $35,000 for the consulting firm to do the study and the balance of that would be to do any of the surveying or testing work, etc., for the site itself. Council Member Strong referred to the report which was prepared 2} years ago and inquired if there were potential sites identified in that report, and Assistant City Manager Garza replied there were potential sites identified; there were none pinpointed; and the reason for this study and for choosing this consultant is that they have done that work before. He noted it is to actually pinpoint the site; identify the site; bring it to the Council for approval; and move forward with the acquisition pending the funding. In answer to a question from Mrs. Strong, Assistant City Manager Garza stated that perhaps some of the factors that were not considered were the effluent discharges into Oso Creek, and that the Staff wanted to make sure the sites were actually the sites identified, with possibly the addition of one additional site that needed to be looked at to determine that the City is getting the best site for the location of the plant. Minutes Regular Council Meeting March 15, 1988 Page 6 In answer to a question from Mayor Turner, Assistant City Manager Garza stated that the staff believes the study is necessary to pinpoint one site and that it is beyond the Staff's capacity to tell the Council the exact one which is needed. Council Member Rhodes expressed concern regarding the study and why the Staff cannot make the decision without further expenditures, and Assistant City Manager Garza stated the study was done in 1986; two years have elapsed; regulations have changed; and the consultant could not have been aware of the recently adopted standards by EPA. City Manager Garza pointed out that this is a matter of allocation of the City's resources and stated this is an option of contracting it out in the interest of getting the City's capital improvement program moving. In answer to a question from the Mayor, Jesus Garza stated that he could not say with a degree of certainty that the City Staff would have the expertise to study those sites and provide the Council with a recommendation. Council Member Slavik noted that when the study was originally done, there was an advisory committee selected, and she suggested that the Staff contact some of the members of the committee. In reference to Item No. 9 pertaining to the Resolution confirming the appointment by the City Council pursuant to the City Charter, Article III, Sec. 1, of Juan Garza as City Manager, Council Member Slavik stated it has been brought to her attention that the Charter would prevent the Council from giving severance pay, and City Attorney George presented the Council with a prepared written statement which concludes that the Charter does not do the above. Mr. George stated there was some confusion because of the old Charter and the section relating to the City Manager. Mr. George continued by stating that the City Manager form of government requires the City Manager to be an at -will employee and not a contract employee. Be stated that by the terms of Article III, Sec. 1, City Charter, the City Manager shall receive such compensation as may be fixed by the City Council, and in the case of the immediate -past City Manager, the Council chose by Resolution to fix that compensation to include 12 months' severance pay upon termination. Ms. June Byars, 4634 Blundell Drive, inquired if the City is going to hire a search team to hire a new City Manager, and Mayor Turner informed Ms. Byars that the Council has hired Mr. Juan Garza as the permanent City Manager. City Secretary Chapa polled the Council for their votes and the following were passed: 7. RESOLUTION NO. 20240 AUTHORIZING THE EXECUTION OF A CONTRACT WITH BROWN AND CALDWELL/FREESE AND NICHOLS, A JOINT VENTURE, FOR THE SELECTION OF THE SOUTHSIDE WASTEWATER TREATMENT PLANT SITE; APPROPRIATING $50,000. Minutes Regular Council Meeting March 15, 1988 Page 7 The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Schwing, Slavik and Strong voting, "Aye"; Rhodes voting, "No." 9. RESOLUTION NO. 20242 CONFIRMING THE APPOINTMENT BY THE CITY COUNCIL PURSUANT TO THE CITY CHARTER, ARTICLE III, SEC. 1, OF JUAN GARZA AS CITY MANAGER. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 13 thru 15 and there were no comments from the audience. City Secretary Chapa polled the Council for.their votes and the following were passed: 13. FIRST READING AMENDING THE CODE OF ORDINANCES, SECTION 53-250, SCHEDULE I - ONE-WAY STREETS AND ALLEYS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 14. SECOND READING AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SEC. 53-254, SCHEDULE V. INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 20246 AMENDING THE CITY CODE, SECTION 2101.9 OF THE BUILDING CODE ADOPTED BY ORDINANCE NO. 19287 TO PROVIDE THAT BID DOCUMENTS AND CONTRACTS INCLUDE DETAILED PLANS AND SPECIFICATIONS FOR TRENCH SAFETY SYSTEMS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting March 15, 1988 Page 8 Mayor Turner called for the City Manager's report, and City Manager Garza noted that the Council will be receiving the proposed recommended changes on the personnel policies which deal with vacation and sick leave policies that currently exist. He stated that will be brought to the Council On March 29, along with the item on the demolition of the City Hall building. Mr. Garza stated that the Council requested that the Staff reinstitute the list of Council Concerns and noted that the Staff is in the process of organizing the list and it will be brought to the Council shortly. Mr. Garza noted that the Council needs to discuss a policy for the usage of the new City Hall by the Boards and Commissions and various neighborhood groups, and that this item will be brought before the Council. Mr. Garza also noted that the third reading of the Ordinance on the Aquarium Contract will be brought before the Council at next week's meeting and noted that there are some technical amendments which need to be made. Mayor Turner requested that these changes be underlined or highlighted, and Mr. Garza stated that will be done. Assistant City Manager Utter reminded the Council of the Regional Community Development Block Grant Briefing Conference which will be held this coming Thursday and Friday at the Hershey Hotel and he invited the Council to attend. Mayor Turner referred to the Council Retreat and noted that she would hope to have it around the first week In April, and City Manager Garza stated that preparations are being made for the retreat; he will discuss it with the Council; and will try to schedule it for the first week in April. Council Member Slavik noted that there are two requests from Dr. Sue Gardner at the Botanical Gardens. First of all, they would like a truck coming by on a regular monthly basis to pick up and haul limbs, noting that the Gardens is located one-quarter mile from Kings Crossing which is on a regular trash route for the City. Secondly, there is a large pile of dirt located at the corner of Yorktown and Everhart which they would like brought to the Botanical Gardens and are requesting if the City would help cart the dirt to the Gardens with City trucks. Mrs. Slavik requested that the Staff report back to her on those two items. Council Member Rhodes referred to the list which the Staff is reinstituting pertaining to Council Concerns and requested that her request for a support statement from the Council pertaining to the State Unemployment Insurance be placed on the list, and City Attorney George noted that he intends to have something in writing on this item for the Council. Mr. George noted that Mr. Dave Cich advised that the timing is not right for a Resolution. Minutes Regular Council Meeting March 15, 1988 Page 9 the has Council Member list, and City been put on the Council Member Bluff, and Victor contractor issued a Rhodes requested the item on well plugging also be placed on Manager Garza pointed out that the well plugging ordinance agenda for the Building Code of Appeals Meeting of March 24. Strong requested an update on the Glenoak sidewalks in Flour Medina, Engineering Services Director, noted that the work order and will start work on the project this week. Council Member Slavik inquired if the Health Department can do something about the abundance of fleas and ticks in the Flour Bluff area. Mayor Pro Tem Berlanga referred to Downtown Revitalization and noted that the new director will take office on April 4, and on April 7 they will be celebrating the event at 316 South Chaparral. Mr. Berlanga noted that if the City succeeds in acquiring the CPL building for the Police Department, it really would be the beginning of the restoration of downtown. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Charles Carroll, 3621 Prospect Street, referred to the tremendous traffic problem at the intersection of Holly Road and Carroll Lane and requested that something be done about this situation. Mr. Carroll noted that he has called City departments on numerous occasions and has had no response whatsoever. He then offered a suggestion on how to handle the problem. Victor Medina, Engineering Services Director, noted that the City plans to address this intersection as part of the Holly Road improvements on the 1986 Capital Bond Improvement and that it will be part of the PASS Program initiated by the State Highway Department. He stated that the project should be underway by the Spring of 1989. Council Member Moss noted this is not the first time he has heard that City Hall departments are not responding to citizen's calls and asked if something could be done about this matter, and City Manager Garza noted that he will address this problem with the Staff. Mr. Garza also noted that the Staff is in the process of setting up a citizen's complaint or inquiry office and is working on a way to track citizen's complaints. Mr. Jack Cooper, 611 Del Mar, Chairman of the Council Neighborhood Association, expressed appreciation to the Council for the work they are doing. Mr. Cooper noted that the City Manager has agreed to meet with their association and noted that they want to be listened to. He pointed out that they can work together with the staff to build a city with a bright future that everyone wants. Minutes Regular Council Meeting March 15, 1988 Page 10 Ms. Ellen Prichard, 5252 Greenbriar, expressed anger noting that her 80 -year old mother, a nursing home patient, was denied transport to Spohn Hospital Emergency. She noted that ambulance service was not available and EMS personnel lacked the diagnostic ability to determine whether her mother was receiving sufficient oxygen, and that once on the scene, they should not arbitrarily decide that an emergency call is not an emergency. Ms. Prichard noted that nursing home patients are vulnerable, and pointed out that the City does not have adequate, reliable ambulance service. She noted that the procedures and guidelines need to be changed regarding EMS service. Mayor Turner requested a thorough examination into this situation with a report back to her with recommendations to keep this from occurring again, and City Manager Garza noted that the Staff has initiated a review of the incident and a report will be forthcoming to the Council. Ms. Betty Brandesky, 4017 Cork, expressed concern about events that have been happening in the City and insinuated that there might be an attack on another Council Member such as what happened with former Council Member Frank Mendez. She noted that there is a rumor around the City that Chief Olson will be fired and that it will happen within the next two weeks. She noted that she thought the selection of Chief Olson was one of the best things that happened to Corpus Christi and that he is doing an outstanding job. Ms. Brandesky referred to the vacant lots owned by various realtors which remain unkept and suggested that the owners be fined, and Assistant City Manager Elizondo noted that the way the City handles vacant lots is that the property owners are given notice by certified mail and are allowed fifteen days to repond;if there is no response, the City initiates a clean-up program thru a private contractor; the City sends a bill; and if it is not paid, a lien is then filed. Mr. Elizondo pointed out that the City works on a complaint basis only and suggested that if something becomes a problem to contact the City. Mr. Henry Gorham, 1745 Sunbeam, a representative of LULAC, commended the Council Members who took the stand regarding the outster of the former City Manager. Mr. Gorham noted that it was a hard decision; the decision was not made without any facts; and that the Council Members did feel it was in the best interest of the City. Mr. Ramiro Gamboa, 2458 Devon, congratulated the City Council on the work they are doing and for their recent decision. Mr. Troy Dennison, 4949 Andover, expressed concern not about the action that the Council took regarding the outster of the City Manager, but by the method that was used. He expressed concern regarding the $104,000 which the former City Manager received. There being no further business to come before the Council, on motion by Council Member Pruet, seconded by Council Member Strong, the Council Meeting was adjourned at 8:15 p.m. * * * * * * * * * * * * * a I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of March 15, 1988, which were approved by the City Council on (J March 22, 1988. WITNESSETH MY HAND AND SEAL, this the f4 day of etty Turn r, MAYOR Armando Chapa, City Secb`ktary City of Corpus Christi