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