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HomeMy WebLinkAboutMinutes City Council - 08/09/1988PRESENT Mayor Betty Turner Mayor Pro Tem Linda Strong Council Members: Leo Guerrero Clif Moss Bill Pruet * Mary Rhodes Frank Schwing Mary Pat Slavik Absent David Berlanga, Sr. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 9, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Guerrero following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Slavik. 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. Mr. Chapa informed the Council that Council Member Berlanga will be absent from the meeting because he is out of town. A motion was made by Council Member Guerrero to excuse Council Member Berlanga from the Council Meeting; seconded by Council Member Slavik and passed. A motion was made by Council Member Slavik to approve the Minutes of the Regular Council Meeting of August 2, 1988; seconded by Council Member Rhodes and passed unanimously; Berlanga absent. City Manager Garza read a letter of commendation addressed to George Hext, Aviation Director at the Airport, from Mr. Robert Hutchins, Safety Inspector for the Federal Aviation Administration, concerning aviation safety at the airport. MICROFILMED l_ Minutes Regular Council Meeting August 9, 1988 Page 2 Mr. Hext expressed appreciation to the employees at the airport, noting that they are the people who deserve the recognition. Mayor Turner recognized Mr. Joe Morales, a representative of the Sister City Committee, who introduced ten students from Vera Cruz, Mexico, a sister city of Corpus Christi. * Council Member Pruet arrived at the Council Meeting at 2:10 p.m. Mayor Turner acknowledged Commander Bell of the Police Department who explained the "National Night Out Program," noting that this is the fifth year of the program and the fourth year in which the City has participated in the program. Chief Robert Olson of the Police Department declared that this is an opportunity for total community involvement to show public support for crime prevention. Commander Bell introduced Walter Moore, a Crime Prevention Advisor, who coordinated the program and introduced the committee for "National Night Out" and parents and children who are affiliated with the program. Mayor Turner presented a Proclamation to Chief Olson designating August 9, 1988 as "National Night Out." Mayor Turner administered the Oaths of Office to the following Board & Committee appointees: Jimmie McCurn - Human Relations Commission; Luis Cortinas - C.C. Housing Improvement Corporation/Loan Review Committee; Alan Stowers - Cable Communications Advisory Committee; and Luis Gonzalez - Building Code Board of Appeals. Mayor Turner referred to the Board & Committee appointment for the Landmark Commission and following a short disucssion, it was the consensus of the Council that this be deferred until next week. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 6, and Council Members requested that Motions 4, 5 and 6 be withheld for discussion. There were no comments from the audience on Motions 1 thru 3. A motion was made by Council Member Pruet to approve Motions 1 thru 3; seconded by Council Member Guerrero and passed unanimously; Berlanga absent. In reference to Motion No. 4 pertaining to the Transit Yard Fuel Tank Removal, Council Member Slavik stated that this was a negotiated contract, inquiring why B.M.W. Engineering, Inc. was chosen over other possible firms, and Victor Medina, Engineering Services Director, explained that there are two local firms who do this type of work; the City had previously done work with the other T r Minutes Regular Council Meeting August 9, 1988 Page 3 contractor; and that it would be fair to negotiate a contract with B.M.W. to provide this service, noting that they are well qualified. In answer to a question from Council Member Moss, City Manager Garza explained that this is City property and those are fuel tanks which the City operated for all those years. Mr. Garza indicated that it is a very prescribed and precise process which has to be followed, and the City cannot risk any more damage than has already been done by the leaking fuel tanks, noting that the City cannot avoid the expense. In reference to Motion No. 5 pertaining to the Recreation/Community Center Improvements, Council Member Slavik noted that she has had complaints from the Lindale Center participants, inquiring if these improvements answer their concerns, and City Manager Garza explained that these improvements do not specifically respond to all of the concerns, and he elaborated on the various concerns. Mr. Garza indicated that in regard to the repainting of the center, it will be delayed until after the expansion is completed. Mayor Pro Tem Strong pointed out that Progressive Structures, Inc. surpassed the ten percent minority business enterprise participation requirement by subcontracting twenty-six percent of the contract amount to two qualified minority-owned firms. There were no comments from the audience on Motions 4 thru 6. A motion was made by Council Member Slavik to approve Motions 4 thru 6; seconded by Mayor Pro Tem Strong and passed unanimously; Berlanga absent. 1. M88-0182 Approving a supply agreement for granular copper sulfate with Van Waters & Rogers, Inc. based on the low bid of $37,646. The term of the agreement will be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This chemical will be used by the Water Division. 2. M88-0183 Approving the purchase of personal computer hardware from Rosas Computer Company (RCC) for $12,841, based on low bid, to be used to complete Phases II and III of the Municipal Court Application Transfer Study. 3. M88-0184 Approving plans and specifications and authorizing receipt of bids on October 18, 1988, for the Westside Wastewater Treatment Plant Expansion project. Minutes Regular Council Meeting August 9, 1988 Page 4 4. M88-0185 Approving a contract with B.M.W. Engineering, Inc., in an amount not to exceed $25,000, for technical services associated with removing diesel fuel contamination caused by deteriorated fuel tanks at the City Transit Yard. 5. M88-0186 Accepting the Recreation/Community Center Improvements project; granting a 112 -working day time extension; and authorizing final payment of $7,187.50 to Progressive Structures, Inc. 6. M88-0187 Accepting a grant from the Federal Aviation Administration in the amount of $155,000 to be used for rehabilitation of aircraft rescue truck at Corpus Christi International Airport. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings, and Council Members requested that Items 7, 9 and 10 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: 8. RESOLUTION NO. 20421 APPROPRIATING $34,000 FROM THE STREET BOND FUND FOR THE ACQUISITION, CLOSING COSTS, AND ENGINEERING SERVICES FOR PARCEL 2, LOCATED ON FREDERICK DRIVE, IN CONNECTION WITH THE CROSSTOWN EXPRESSWAY EXTENSION. The foregoing Resolution passed by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent. 11. SECOND READING AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL LEAGUE FOR THE USE OF A 4.23 ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR CONDUCTING A GIRLS KICKBALL PROGRAM. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent. T i Minutes Regular Council Meeting August 9, 1988 Page 5 12. SECOND READING ADOPTING THE NORTHWEST AREA DEVELOPMENT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent. In reference to Item No. 7 pertaining to the aircraft rescue fire fighting, Mayor Pro Tem Strong indicated that there was only one bid for this contract, inquiring if this is a sole source situation, and George Hext, Director of Aviation, explained that at the present time, there is only one firm in the United States qualified to do this type of work. In reference to Item No. 9 pertaining to the Shade Chaparral Street project, Council Member Slavik inquired if the project is complete, and Victor Medina, Engineering Services Director, replied in the affirmative. Council Member Moss inquired if the price of the contract had been increased, and Mr. Medina explained that it did exceed the price because of assessable items, indicating that the items will all be repaid through assessments. In answer to a question from Mayor Turner regarding the delay in locating the oak trees, Mr. Medina explained that the supplier had a problem with supplying the caliber of trees which were specified, noting it was separate from the City's contract which was a road building contract, and Assistant City Manager Hennings offered a brief explanation about the delay, pointing out that the Junior League provided the trees. In reference to Item No. 10 pertaining to a certificate of convenience and necessity - Island Shuttle Cab Co., Mr. Pinkie Eldridge, owner of Pinkie's Taxicabs, spoke in opposition to this item. He indicated that there is no need for this service, pointing out that several cab companies have gone out of business. Mr. Eldridge indicated that now is not the time for another taxi franchise in Corpus Christi. Mr. John Suter, the applicant applying for the certificate, explained that he wants to own his own business, indicating that the Island is in support of him and that the Island needs his service. Mayor Pro Tem Strong indicated that she has been working with the Suter's for two months. She expressed the opinion that there is a need for a taxicab service on the Island, offering reasons why she thinks the service is necessary. Ms. Nan Graf, a handicapped student from Ft. Worth, spoke in support of the shuttle service. She stated that she has moved on the Island because of doctor's orders, indicating that in case of a storm, Mr. Suter will provide a service to shuttle people off the Island. Minutes Regular Council Meeting August 9, 1988 Page 6 City Secretary Chapa polled the Council for their votes and the following were passed: 7. RESOLUTION NO. 20420 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CRASH RESCUE EQUIPMENT SERVICES INC. FOR REHABILITATION OF AIRCRAFT RESCUE TRUCK AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $17,222. The foregoing Resolution passed by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent. 9. RESOLUTION NO. 20422 ACCEPTING THE SHADE CHAPARRAL STREET PROJECT; GRANTING A 40 WORKING DAY TIME EXTENSION; APPROPRIATING $3,500 FROM THE STREET BOND FUND; AND AUTHORIZING FINAL PAYMENT OF $24,006.70 TO A. ORTIZ CONSTRUCTION AND PAVING, INC. The foregoing Resolution passed by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent. 10. SECOND READING AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. AND MRS. JOHN SUTER, DBA ISLAND SHUTTLE CAB CO., FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Strong, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Moss voting, "No"; Berlanga absent. Mayor Turner called for consideration of Item No. 13 pertaining to the Convention Center carpet. Assistant City Manager Hennings provided background information pertaining to the award of a contract with Carpet Services, Inc. of Corpus Christi for the replacement of carpet at the Bayfront Plaza convention center and for the purchase of carpet cleaning equipment and supplies, indicating that the carpet at the convention center is worn and needs to be replaced. Mr. Hennings explained that a committee was appointed to review available carpets and recommend an appropriate selection; a conference was held with prospective bidders to solicit their advice on the project; nine firms participated; and on conclusion of the conference, the specifications were finalized and advertised T r Minutes Regular Council Meeting August 9, 1988 Page 7 for bids. Mr. Hennings continued by stating that one supplier objected to the specification because it did not allow "Loboflor" carpet, noting that an addendum was issued amending the specification to allow this carpet to be bid as an alternate bid item. Mr. Hennings pointed out that the specifications included evaluation factors, advising bidders how the most advantageous bid would be determined. In summarization, Mr. Hennings explained the recommendation and the three alternatives. Hal Peterson, Convention Center Manager, offered an explanation of the recommendation, elaborating on how the decision was reached by the committee. Mr. Peterson discussed the conference with the prospective bidders, noting that the presentations were reviewed very carefully. He explained that the committee concentrated on the marketing of the convention center and wanted something which was attractive, would last a long time and would be easy to clean. In answer to a question from Mayor Turner, Mr. Peterson indicated that the committee did not ask the low bidder to change their bid. Mayor Turner referred to the difference between the two low bidders, pointing out the $40,000 differential and indicating that the decision was based on aesthetics. She expressed concern about competitive bidding, noting that the low bidder could have submitted a design if he had an opportunity, and City Manager Garza responded by indicating that they did have an opportunity. Discussion followed, and Council Member Rhodes referred to "Loboflor," noting that they bid once before with the City on carpeting and did not get the award. She expressed concern that they were the low bidder and were not chosen this time, noting that the contract was awarded based on preference of carpet. Mr. Peterson responded by stating that the committee did not feel "Loboflor" would be appropriate in certain areas of the convention center, indicating that it does not have the rich appearance of traditional carpeting. City Manager Garza noted that the staff is trying to improve the appearance of the convention center, noting that attention is being paid to maintenance and design, and that the City is buying maintenance equipment which will extend the life of the carpet. Council Member Rhodes inquired about the reason for competitive bids, when there is a low bidder and he is not chosen, indicating that it destroys the whole process. Mrs. Rhodes declared that she has a problem with the way this situation was handled. In answer to a question from Mayor Pro Tem Strong in reference to the five criteria, Mr. Peterson indicated that the criteria which was listed did correspond pretty much in the order of priority, indicating that the bidders were told that design was extremely important. Minutes Regular Council Meeting August 9, 1988 Page 8 Mrs. Strong expressed concern that unless the bidders were told that the cost was not the primary factor, they were under the assumption that the low bidder would be chosen if he met the specifications. She indicated that if the City were to hire a design firm to choose the design, it would cost less than $48,000. Mrs. Strong noted that design was not the weighted factor in the bid process. Mrs. Strong expressed concern that the City was not up front, and City Manager Garza interjected that the City possibly should have indicated that they were not interested in "Loboflor." After more discussion, Mr. Peterson indicated that the committee spelled out in detail what they were looking for. He then displayed samples of the proposed carpeting. Mr. Paul Stuart, S.A. Floor Finishers, indicated that design was not emphasized in the bid specifications. He stated that his company bid the base bid, as specified, and they were low, noting that they bid the alternate product and were quite a bit lower. He stated that they have not been approached to try to reach an area of agreement with products, indicating that for $40,000 they could have shown a lot more. Mr. Stuart referred to a phone call from the City architect on Friday asking him to be in Corpus Christi on Monday to give a presentation. He indicated that there are different types of carpet technology, noting that Lees Company is a large company and warrants their product with the strongest carpet/ tile warranty in the trade. Mr. Simon Harris, a representative of the manufacturer of "Loboflor" noted that "Lobo" is number one on the market and has proven durability by the swatch at the airport. He referred to aesthetics and displayed samples of what his company has to offer, displaying different design ideas. Mr. Harris indicated that they were not notified until Friday that there would be a meeting on Monday. He explained the difference in "Lobo" carpeting and stated it was made very clear at the conference that his company was just presenting concepts. Mr. Paul Finney, Contract Sales Manager of Swiff Train Company, offered an explanation of his background, noting that he has never encountered this situation on a bid proposal, pointing out that the bid documents were not clear. Mr. Finney noted that his product will give ten years of service, can provide aesthetic value, indicating that his company has the best price, design and color. Ms. Rhonda Train, Swiff Train Company, spoke in opposition to the bidding process, and pointed out that the carpeting at the airport is not good, but yet it is the one being recommended. She indicated that "Lobo" is superior in performance, cheaper and is aesthetically pleasing. She urged the Council to choose alternative number two. Mr. Rick Bolech, 4242 Archdale, a representative of Carpet Services, Inc. referred to their bid, noting that they followed the bid process diligently. He stated that his carpeting is at the library and some facilities at CP&L. Mr. Minutes Regular Council Meeting August 9, 1988 Page 9 Bolech indicated that he would like Mr. Brad Thomason to speak in reference to the quality and design of the carpeting. Mr. Brad Thomason, a representative of Interface, Inc., Georgia, indicated that everyone at the conference was made aware that aesthetics were important and that design would be a significant factor in the project. He stated that members of the committee were up front in what they wanted from the very beginning, suggesting that the competitors should have listened more closely to what the committee wanted. Mr. Thomason indicated that his product has been the leader in the industry for some time. Discussion followed, and Assistant City Manager Hennings pointed out that the specifications provide for a 4,581 density factor, indicating that it is his understanding that all the bidders met the requirement. Mr. Buck Leslee, Lees Carpet representative, offered some background information on Lees carpet, explaining the product which was bid, noting that they were the low bidder. He displayed samples of his carpeting, indicating that his company was never given any direction in regard to patterns and exactly what the committee wanted. A motion was made by Council Member Rhodes to amend Item No. 13 and accept alternative number two. The motion was seconded by Council Member Guerrero. Mr. Jim Boggs, an architect and member of the committee, noted that the committee reviewed the products and based their recommendation on the product which would be the most beneficial to the convention center and the City, elaborating on their recommendation. Mr. Boggs provided some background information on all the bidding companies, noting that Carpet Services, Inc. presented the best value for the City, based on all the criteria. In answer to a question from the Mayor, City Manager Garza pointed out that the City cannot negotiate with a bidder. Mr. Chris Davis, President of the Visitors and Convention Bureau, noted that he was a member of the committee and that their recommendation was a unanimous decision. He indicated that the recommendation was based on the best advantage to the City, noting that if just one convention could be sold based upon the appearance of the facility, it would make up the cost of the recommended carpeting. Mr. Davis pointed out that there is a fund specifically for these types of improvements. After more discussion, Council Member Pruet indicated that there are significant questions in the bidding process, noting that the integrity of the competitive bidding process is a key in this situation. Mr. Pruet indicated that if "Lobo" floor was a qualified sound product which could have been submitted as an equal, he has a problem spending an additional $50,000 based strictly on the design process. Minutes Regular Council Meeting August 9, 1988 Page 10 Council Member Guerrero concurred with Council Member Pruet. City Manager Garza referred to the integrity of the bidding system, noting that he would not have brought the item before the Council had he felt the process had been violated. Mr. Garza stressed the fact that the bidders were well aware of the process and knew precisely what the committee wanted, noting that he does not see how they can claim ignorance. He indicated that the bidders were informed that they would have to make a presentation, noting that they should have started working earlier on the design of the product. Council Member Schwing expressed appreciation to the staff committee for all their work, noting that he would like to see more process on other bids, indicating that he has enjoyed the process. The vote on Council Member Rhodes' motion passed unanimously; absent. and the of this Berlanga City Secretary Chapa polled the Council for their votes and the following Resolution was passed, as amended. 13. RESOLUTION NO. 20423 AUTHORIZING THE AWARDING OF A CONTRACT TO S.A. FLOOR FINISHERS OF SAN ANTONIO, FOR CARPET TILE INSTALLATION AT THE BAYFRONT PLAZA CONVENTION CENTER; AND APPROPRIATING $202,300. The foregoing amended Resolution passed by the following vote: Turner, Strong, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 14 pertaining to Cat Traps. Council Member Rhodes noted that she has to catch a plane shortly and requested that the Council have the first reading of this ordinance next week or to pass it on the first reading to give her and Council Member Berlanga a chance to have input next week, and Mayor Turner declared it is important to move forward with the first reading of the ordinance. Assistant City Manager Hennings explained the history of the small animal trap program, explaining why it exists; the City's involvement; noting that the City owns 37 traps. Mr. Hennings stated that the program was successful in halting the growth of cat population in Corpus Christi because it provides a way to control the growth of the cat population, emphasizing that these are stray cats. Mr. Hennings noted that there are over two hundred people in Corpus Christi who have their own traps, noting that other animals are caught in the traps. Mr. Hennings indicated that this matter was referred to the Animal T 1 Minutes Regular Council Meeting August 9, 1988 Page 11 Control Advisory Committee, and he read the Minutes from that meeting, pointing out that the committee endorses the present procedure. In answer to a question from Council Member Rhodes in reference to bites, Dr. Nina Sisley, Public Health Director, noted that the bites are not all from stray animals, indicating that she does not have a breakdown on whether the bites are just cat bites. In answer to a question from Mrs. Rhodes in reference to statistics, Dr. Sisley explained that the statistics are based on the national estimates and are transposed for the community based on the population. Council Member Rhodes noted that she objects to the City collecting the animals in the traps and transporting them to the pound. Mrs. Rhodes stated that she believes that there abuse is occurring. Dr. Sisley provided an explanation of the program, explaining the procedure if a trapped cat is wearing a collared license. Dr. Sisley indicated that there is a problem with stray cats, noting that if the trapping of cats and the servicing of the traps by the City is not allowed, people will shoot the cats, poison will be thrown out that will pose a threat to dogs and children. Dr. Sisley explained that she does not know of another procedure for cat control, noting that she will listen to any recommendation. She indicated that the rescinding of the ordinance is not the answer because there are still people with traps of their own. Dr. Sisley pointed out that small animal traps are used to trap opossums which are one of the hosts of fleas which transmit Typhus in the community, noting that Corpus Christi is the Typhus capital in the state of Texas. Mayor Pro Tem Strong expressed concern that only trapped cats are being picked up by Animal Control, and Dr. Sisley explained that Animal Control is required to pick up all small animals in traps, not only cats. Council Member Slavik expressed concern that the City is destroying people's cats, noting that all pets do not wear collars, and Dr. Sisley responded by stating that to her knowledge, only one animal has been picked up by Animal Control with a tag; it was returned to the owner; and noting that all cats the City picks up do not have tags on them. She stated that the National Humane Society and the Humane Society of the United States both advocate that cats be vacinated, licensed and collared. Discussion followed and Council Member Slavik indicated that the system is not working the way it should, suggesting overnight rental of traps, noting that if they are not returned the next day, a fee be added to the person's utility bill. Mrs. Slavik expressed the opinion that there is too much abuse with the traps, suggesting that the City get out of the business of renting the traps. 1 Minutes Regular Council Meeting August 9, 1988 Page 12 Council Member Guerrero expressed concern about the abuse of animals, expressing the opinion that the City should not be involved in this business. He expressed concern that the cats which are killed are not all stray cats. In answer to a question from Council Member Guerrero, Dr. Sisley noted that the trapping of cats has caused a 24 percent reduction in the number of animals picked up by Animal Control and a reduction of 34 percent in the amount of cat bites. Ms. Patsy Sparkman, 15 Hewit Drive, Chairman of the Animal Control Advisory Committee, explained that the committee was asked to review the policy and voted in favor of the cat trapping policy. Ms. Cissi Sweeney, member of the Animal Control Advisory Committee, spoke in reference to the abuse of cat trapping, indicating that she was the only one on the committee who voted in opposition to the cat trapping policy. Ms. Sweeney read a letter from a Dr. Dan Meadows who indicated that the City - sponsored cat trapping has outlived its usefulness, noting that it has been misused by some and has become a detriment to the cat -owning population. An unidentified gentleman related a personal matter whereby he lost his pet cat which was never found. He stated he repeatedly went to the pound and ended up bailing another cat out who was a pet and belonged to a lady. He returned the cat to her, noting that the lady never even knew her pet was at the pound. Ms. Gwen Bryant, 5029 Merganser, explained her experience with a lost cat whereby her family was afraid it might have gotten into a cat trap, elaborating on abuses which occur in trapping cats. She expressed the opinion that the decrease in the cat population is because of the educational campaign which is being encouraged by the vetinarians. Assistant City Secretary Zahn polled the Council for their votes and the following Ordinance failed to pass on first reading. 14. Failed to Pass REP EAT,ING--S£G-T-IO--{--24-r-3.OhN--4F--6MAbb--AN-li4Alr-g-RAP-S-;--OF— T-14ir--GOO -OF ORDINAN€R8= The foregoing Ordinance failed to pass on first reading by the following vote: Slavik voting, "Aye"; Turner, Strong, Guerrero, Moss, Pruet and Schwing voting, "No"; Rhodes absent at the time the vote was taken; Berlanga absent. Note: Council Member Guerrero first voted in favor of the Ordinance, indicating that he would bring the matter up again if the Ordinance failed. He later changed his vote to "No." * * * * * * * * * * * * * T r Minutes Regular Council Meeting August 9, 1988 Page 13 Mayor Turner opened the public hearing on the consideration of an application for a permit for an outdoor music festival to be conducted on Corpus Christi Beach on Sunday, September 4, 1988, Labor Day weekend. Mr. Bill Powell, President of Powell Entertainment, informed the Council that because of the time restrictions and because of risks involved, his company is withdrawing their request for the permit to hold the outdoor event. Mr. Powell expressed appreciation to the members of the City staff who were involved in the process, indicating that his company would like to come back in the spring. Following the discussion of this matter, a motion was made by Council Member Pruet to close the public hearing; second by Council Member Moss and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, and City Manager Garza reminded the Council of the Chamber of Commerce's trip to Washington, D.C., noting that it will affect one Council Meeting and that consideration be given to cancelling the Council Meeting. Discussion followed, and a motion was made by Council Member Pruet to cancel the Council Meeting of September 13, 1988; seconded by Mayor Pro Tem Strong; and passed unanimously by those present and voting; Rhodes and Schwing absent at the time the vote was taken; Berlanga absent. Mr. Garza informed the Council that he has received a request from Tony Bonilla to appear before the Council on a need to revise the City's zoning ordinance. He noted that people are given three minutes at the end of the Council Meeting for discussion on any subject, pointing out that sometimes exceptions are made. Discussion followed, and it was the consensus of the Council that the normal process of three minutes at the end of the Council Meeting should be adhered to in this case. Mayor Turner called for liaison and other reports from the Council. Mayor Pro Tem Strong informed the Council that she will attend a three-day conference in Florida in September on the 33rd annual meeting of the Florida Shore & Beach Preservation Association, noting that she hopes to bring back valuable information. Council Member Pruet noted that the condominium and hotel properties have evaluated the results of the summer tourist promotion and report that there is a ten to twenty percent increase in visitors over last year. Mr. Pruet referred to the tourist information center on Highway 37, noting that to date, the recording for visitors was up fifty percent. t T Minutes Regular Council Meeting August 9, 1988 Page 14 Mr. Pruet informed the Council that in September, the Convention and Visitors Bureau will make a site presentation for a third national convention, requesting that the Council give their support during the site selection process. Council Member Slavik inquired if the City does a yearly audit of City -funded organizations to check their accountability in using public funds, and City Manager Garza responded by stating that they are required to do an independent audit themselves. Mrs. Slavik suggested someone from the Finance Department do a general audit, and Mr. Garza explained that they are required to be audited by a firm independent of themselves, noting that the City receives a copy of the audit. Mr. Garza indicated that he is satisfied with the auditing firms. He suggested as an alternative, that it be added to the City's contract with their external auditor, but expressed the opinion that he is comfortable with the way it is presently being handled. Mrs. Slavik suggested setting up a Public Works Advisory Committee to check out the bids and projects the City is involved in to avoid problems, referring to the recent sand problem. City Manager Garza indicated that at some point and time, it should be decided how many Boards and Commissions there will be to help the Council run the City and how they are held accountable, indicating that he can be held accountable. Mr. Garza referred to material on contracts, noting that there will be random inspections done often enough until the City is comfortable that the material they are receiving is what it is supposed to be. Mr. Garza indicated that the inspection system will be changed. Council Member Slavik inquired why the City does not pay anything to the municipal jurors and if it has ever been done, and City Manager Garza replied he does not know but will provide Mrs. Slavik with an answer. Council Member Guerrero declared that recently he voted to reappoint to the Planning Commission Randy Lynch, not knowing at that time, that there was a legal opinion in reference to a conflict of interest, referring to the 0. N. Stevens contract. Mr. Guerrero expressed the opinion that there is a conflict, noting that he did not know this when he voted for him. Mr. Guerrero indicated that he wishes to rescind his vote for Mr. Lynch as long as this condition exists. Council Member Slavik requested a legal opinion on this matter, and City Manager Garza noted that it will be provided next week. Mayor Pro Tem Strong noted that she received a call from Charles Blum, Chairman of the Kennedy Causeway Committee, requesting that the Council add one more member to the committee to represent the Texas Parks and Wildlife Department. Mrs. Strong indicated that Mr. Blum would like to contact the department and let them select someone to represent them. T - Minutes Regular Council Meeting August 9, 1988 Page 15 It was the consensus of the Council that this be done. Mrs. Strong requested Assistant City Manager Hennings to contact Mr. Blum. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Enrique Garica, President of the Corpus Christi Police Officers Association, informed the Council that the association succeeded in receiving the bid for the national convention in 1991. He expressed appreciation to Mayor Turner for personally attending the convention in San Antonio, noting that they would not have been successful in the bid had she not been present. Mr. Garcia presented Mayor Turner with a plaque in appreciation. Mr. Edward Brandon White, 4202 Hermosa, informed the Council of the horrendous conditions at the City jail, noting that he was a recent prisoner. Mr. White stated that he was beaten repeatedly by two men with clubs on all parts of his body, indicating that he had to be hospitalized. He indicated that the men who beat him were not police officers, but jailers who are City employees. As evidence, Mr. White displayed a pair of pants he had worn when the alleged mistreatment occurred. Mayor Turner requested a report on the conditions of the City jail, and City Manager Garza replied that will be done. Mr. Raymond Hasker, 1813 Wallace, indicated that he is a member of the Taxpayers Association and referred to a letter sent to the City with five signatures, sent in good faith to request a petition form under Initiative and Referendum. Mr. Hasker read a letter from one of the petitioners requesting that his name be taken off the petition. Mr. Hasker noted that there is a lot of confusion regarding this matter, noting that something is not right. Ms. Kathy Smith informed the Council that the Engineering Department ordered tests run on the sand materials discussed which had not been tested; Professional Services ran ten tests on various areas and not one of the tests to date on the sand had passed the specifications, noting it is not in compliance with the specifications. Ms. Smith stated that she had talked to Carl Crull in Engineering, and he indicated that they did not intend to remove the material which was not in accordance with the specifications and that no cost adjustment has been proposed. City Manager Garza noted that he will distribute a report on this matter to the Council on Thursday. * * * * * * * * * * * * * A motion was made by Council Member Moss; seconded by Council Member Slavik and passed unanimously by those present and voting that the Council go into Minutes Regular Council Meeting August 9, 1988 Page 16 closed session pursuant to the provisions of Article 6252-17, Section 2(f), V.A.C.S., to discuss the purchase, exchange, lease or value of real property and on Section 2(e), V.A.C.S., consultation with City Attorney seeking advice with regard to pending litigation regarding validation of Certificates of Obligation. The Council returned from closed session, and Mayor Turner adjourned the Council Meeting at 6:07 p.m. on August 9, 1988. * * * * * * * * * * * * * * * r 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 August 9, 1988 which were approved by the City Council on August 16, 1988. WITNESSETH MY HAND AND SEAL, this the 4,/,').-/ /;� .1 day of /SYY Armando Chapa, City Se etary City of Corpus Christi Betty Turn€r, MAYOR