HomeMy WebLinkAboutMinutes City Council - 10/04/1988PRESENT
Mayor Betty Turner
Mayor Pro Tem Linda Strong
Council Members:
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing *
Mary Pat Slavik
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 4, 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 Slavik following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Pruet.
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.
Mayor Turner called for approval of the Minutes of the Workshop and Regular
Council Meetings of September 27, 1988, and there being no additions or
corrections, she proclaimed them approved as written.
Mayor Turner recognized Mr. Armando Avalos, President of the Corpus Christi
Arts Council, who formally introduced the new Executive Director of the Arts
Council, Ms. Mary Isham, to the Council.
Ms. Mary Isham, Executive Director of the Corpus Christi Arts Council,
stated that she was extremely pleased to be in Corpus Christi and expressed
appreciation to the Council for enabling her to be introduced at the Council
Meeting.
Mayor Turner recognized Mr. Joe Martinez, Director of the Nueces County
Community Action Agency, who introduced members of his staff, noting that they
are present at the Council Meetir,g with a number of children and parents for a
balloon launch in regard to the Head Start Program.
MICROFILMED
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Mayor Turner presented Mr. Martinez with a Proclamation designating the
month of October, 1988, as "Head Start Month."
Mayor Turner recognized Police Chief Robert Olson who introduced
representatives affiliated with crime prevention, noting that it is important
that the community become involved in crime prevention.
Mayor Turner presented Chief Olson with a Proclamation designating the
month of October, 1988, as "Crime Prevention Month."
Mayor Turner recognized Mr. Jack Ratkovic, a representative of the Polish
Club, who introduced members of the club and presented Mayor Turner with a
bouquet of flowers.
Mayor Turner presented the Polish Club with a Proclamation designating the
month of October, 1988, as "Polish Month."
Mayor Turner administered the Oaths of Office to the following Board and
Committee appointees: Irving Dietz - Airport Advisory Committee; and Duke
Bonilla - Park and Recreation Advisory Committee.
* * * * * * * * * * * * * *
Mayor Turner referred to the Board and Committee appointments and the
following appointments were made by the Council:
Food Services Advisory Committee Kennedy Causeway Advisory Committee
Mike Herman Gloria Swantner
Pat Suter
Mechanical Advisory Committee
Warren Shaw - Reappointed
* * * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings, and Council Members requested
that Items 1, 2, 3, 5 and 7 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:
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4.
RESOLUTION NO. 20483
CONGRATULATING SENATOR TRUAN FOR 20 YEARS OF SERVICE TO THE PEOPLE OF SOUTH
TEXAS, AND DECLARING WEDNESDAY, OCTOBER 12, 1988, AS "STATE SENATOR CARLOS
TRUAN DAY."
The foregoing Resolution passed by the following vote: Turner, Strong,
Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing
absent at the time the vote was taken.
6. FIRST READING
AMENDING THE CITY CODE, CHAPTER 23, HEALTH AND SANITATION, BY ADDING A NEW
SECTION 23-20, ONSITE SEWAGE DISPOSAL SYSTEMS INSPECTION FEE, TO ESTABLISH
A FEE OF $60 FOR INSPECTION OF ONSITE SEWAGE DISPOSAL SYSTEMS; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting,
"Aye"; Schwing absent at the time the vote was taken.
8. SECOND READING
AMENDING SECTION 49-21 OF THE CITY CODE OF ORDINANCES TO
MONTHLY INSTALLMENT PAYMENT METHOD OR AN ANNUAL INSTALLMENT
FOR STREET IMPROVEMENTS ASSESSED COSTS.
The foregoing Ordinance was passed on second reading by the
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and
"Aye"; Schwing absent at the time the vote was taken.
9. SECOND READING
PROVIDE FOR A
PAYMENT METHOD
following vote:
Slavik voting,
AMENDING THE CITY CODE, CHAPTER 23, HEALTH AND SANITATION, SECTION 23-57,
SWIMMING POOL STANDARDS, SUBSECTION 3, TO PROVIDE FOR AN ANNUAL INSPECTION
FEE FOR PTJBLIC SWIMMING POOLS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting,
"Aye"; Schwing absent at the time the vote was taken.
10. ORDINANCE NO. 20485
AMENDING SECTION 49-21 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR A
MONTHLY INSTALLMENT PAYMENT METHOD OR AN ANNUAL. INSTALLMENT PAYMENT METHOD
FOR STREET IMPROVEMENTS ASSESSED COSTS.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting,
"Aye"; Schwing absent at the time the vote was taken.
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11. ORDINANCE NO. 20486
AMENDING THE CITY CODE, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS,
ARTICLE V, OUTDOOR MUSIC FESTIVAIS, SECTION 33-93, HEARING, SUBSECTION (A),
DELETING THE REQUIREMENT THAT THE CITY COUNCIL SET A DATE AND TIME FOR A
HEARING ON APPLICATIONS FOR PERMITS; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting,
"Aye"; Schwing absent at the time the vote was taken.
12. ORDINANCE NO. 20487
AMENDING THE ZONING ORDINANCE, ARTICLE 33, PERMITS, PLATS AND FILING FEES,
BY DELETING SUBSECTION 33-3.01 IN ITS ENTIRETY AND BY RENUMBERING
SUBSECTIONS 33-3.02 THROUGH 33-3.05 TO 33-3.01 THROUGH 33-3.04.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting,
"Aye"; Schwing absent at the time the vote was taken.
* * * * * * * * * * * * *
In reference to Item No. 1 pertaining to approving the purchase of personal
computers, Council Member Moss inquired if these were in the budget, noting that
mere were advertised, and he asked if they could all be consolidated.
City Manager Garza replied that they are in the budget, noting that the
staff has been working on this for several months and has discovered that volume
discounts become effective after large volumes. Mr. Garza indicated that these
are personal computers, and that there is a committee working on putting
together an annual supply agreement for micro -computers.
In reference to Item No. 2 pertaining to South Staples Street Improvements
- parcels 11 and 12, Council Member Moss noted that there is a discrepancy in
the appraisals, and he inquired if the City is doing anything about having the
Appraisal District get their appraisals up to date, and City Manager Garza
responded by stating that is something the City has at the top of the agenda;
the City does point out the differences; the City cannot contest the evaluation
of a specific parcel of land, but the City can approach a general category of
classifications.
Mr. Moss noted that in the contract it states that the title will be
furnished at the buyer's expense, and he inquired if in the future, the title
could be included in the selling price, and Mr. Garza replied that he will look
into the matter; it involves negotiations; and that this is quite different from
a private transaction.
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Council Member Slavik referred
inquired if the appraiser could have
Jesus Garza replied that the reason
comparing apples to apples; the City
just a small piece of the tract.
to the discrepancy in the appraisals and
made a mistake, and Assistant City Manager
for the discrepancy is that this is not
is not buying the whole tract; and this is
In reference to Item No. 3 pertaining to the Alameda Street and Flour Bluff
Water Storage Tanks - Repair and Painting, Council Member Moss inquired how much
additional work was required, and Victor Medina, Engineering Services Director,
responded by stating that $10,000 worth of work was done; there was a bid item
for the repair; and that it was part of the contract.
Mr. Moss inquired about the Minority Business Enterprise requirement clause
in the contract, and Mr. Medina stated that the staff was directed by the City
Council in 1983 to implement that clause.
In reference to Item No. 5 pertaining to the expansion of the Kennedy
Causeway Advisory Committee, Council Member Rhodes requested an explanation for
the recommendation that the ex -officio members vote, and Assistant City Manager
Hennings noted that Roberts' Rules of Order provides that ex -officio members do
have the right to vote, noting that it is his own recommendation that if a
person invests the time, effort, doing the homework, coming to the meeting and
participating, he should be allowed the right to vote.
In answer to a question from Mrs. Rhodes about ex -officio members, Mr.
Hennings stated that the difference is that the appointment goes to the office
instead of to the person, noting that the committee is presently 19 including
five ex-officios, and that it would be increased to 20, and six of those would
be ex-officios.
Mrs. Rhodes expressed concern that the Mayor and some Council Members would
have a double role. Mrs. Rhodes made a motion that the recommendation be
changed, and that the Mayor and Council Members retain their non-voting status.
The motion was seconded by Council Member Slavik.
Discussion followed, and Assistant City Manager Hennings noted that the
people who have served more then six years on a board or committee are not
ex -officio members, indicating that they are advisory members.
The motion passed by the following vote: Turner, Strong, Berlanga,
Guerrero, Moss, Rhodes and Slavik voting, "Aye"; Pruet voting, "No"; Schwing
absent at the time the vote was taken.
In reference to Item No. 7 pertaining to Updating the Permit Fee Schedule,
Mr. Terry Whitmire, a representative of the Building Inspections Task Force,
referred to a letter which he sent to the Council and made comments concerning
several suggestions in the letter. He referred to registration fees and
indicated that they should be enforced across the board. noting that he supports
the registration fee, but that it should be assured that it is going to be
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enforced and that it is legal. Mr. Whitmire indicated that if there is a
difference in the interpretation of the Code that the contractor be refunded the
full amount of the appeals fee, and that if there is going to be a change in the
fee structure, that the penalty is included for not taking out a permit
Mayor Pro Tem Strong referred to two issues of concern of the Building
Inspections Task Force, one being that for people failing to take out a permit
and get caught, the fee should be higher, and there should be a bigger fine; and
the other issue of concern is that if there is a question of the interpretation
of the code in the field on a job, that there should be total reimbursement to
the contractor if he is found to be correct before it goes to the Board of
Appeals. Mrs. Strong suggested that these issues be considered before the third
reading.
Mr. Zee Smith, 3117 Meadow Ridge, a member of the Mechanical Advisory Board
and the Task Force, referred to material which the Council received and made
various suggestions.
* Council Member Schwing arrived at 3:00 p.m.
Discussion followed, and in answer to a question from Council Member Rhodes
about a maximum amount that the City is allowed to charge, City Attorney George
noted that there is a fine that can be imposed by Municipal Court, and this is
an administration fee which the City can charge.
Mayor Fro Tem Strong suggested two amendments to the ordinance by moving
that on the issue of failure to take out permit, charge double the permit fee or
$200 whichever is greater; and in the next paragraph, to double the permit fee
or $200 whichever is greater; and concerning the issue of the $200 fee to appeal
to the three different boards, that it read that if the appellant is found to be
correct, that he receive full reimbursement. The motion was seconded by Council
Member Rhodes.
After more discussion, Council Member Guerrero noted that the purpose of
these codes is to protect the consumer who does not have any recourse by City
ordinance or state law, noting that is why the codes should be extremely
stringent.
The vote on the motion passed unanimously; Slavik absent at the time the
vote was taken.
City Secretary Chapa polled the Council for their votes and the following
were passed:
1. M88-0213
Motion approving the purchase of personal computers from IBM Corporation
for Park & Recreation Department and Corpus Christi Museum in the amount of
$16,429, and from RCC, Inc. for Police Department and Human Resources
Department in the amount of $10,072 based on low bid, for a grand total of
$26,501.
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The foregoing motion passed by the following vote: Turner, Strong,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye."
2. M88-0214
Motion authorizing acquisition
Parcels 11 and 12, located on
Saratoga Boulevard, at a
Improvements project.
from Dr. and Mrs. Patrick J. Moran of
the east side of Staples Street south of
cost of $35,700 for the South Staples Street
The foregoing motion passed by the following vote: Turner, Strong,
Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Pruet
abstaining.
3. M88-0215
Motion accepting the Alameda Street and Flour Bluff Water Storage Tanks
Repair and Painting projects; assessing liquidated damages of $4,800 for
non-compliance with the Minority Business Enterprise contract requirement;
and authorizing final payment of $19,482 to D. Brothers, Inc.
The foregoing motion passed by the following vote: Turner, Strong,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye."
5. RESOLUTION NO. 20484
ESTABLISHING A KENNEDY CAUSEWAY ADVISORY COMMITTEE COMPRISED OF 20 MEMBERS
TO DEVELOP RECOMMENDATIONS FOR IMPLEMENTATION OF THE POLICY STATEMENTS
ARISING FROM THE JOHN F. KENNEDY MEMORIAL CAUSEWAY RECREATION AREA MASTER
PLAN; AND REPEALING RESOLUTION NO. 20310.
The foregoing Resolution passed, as amended, by the following vote: Turner,
Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting,
"Aye."
7. SECOND READING
AMENDING THE PERMIT FEE SCHEDULE BY ESTABLISHING AND INCREASING CERTAIN
PERMIT AND ADMINISTRATIVE FEES ESTABLISHED BY THE BUILDING, ELECTRICAL,
MECHANICAL AND PLUMBING CODES; THE ELECTRICAL LICENSING ORDINANCE; AND
ESTABLISHING FILING FEE FOR THE ZONING BOARD OF ADJUSTMENT; EFFECTIVE
NOVEMBER 1, 1988; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on second reading, as amended, by the
following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes,
Schwing and Slavik voting, "Aye."
* * * * * * * * * * * * *
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Mayor Turner called for the City Manager's report and City Manager Garza
reminded the Council of the reception in the offices of Jim Kozak at One
Shoreline and the luncheon at 12 noon on October 6, 1988. Mr. Garza passed out
reminders to the Council.
* * * * * * * * * * * * *
Mayor Turner called for liaison reports and other reports from the Council.
Council Member Slavik expressed concern about the Visitor Bureau's open
meeting last week, suggesting that the Attorney General's office be consulted
for an opinion.
City Manager Garza noted that the bureau was operating as a private non-
profit corporation contracting with the City. Mr. Garza noted that under the
proposed new board, it would be a board of the City, and that they would be
required to operate under the Open Meetings Act.
Regarding the Mayor's Task Force meeting of yesterday, City Manager Garza
noted that in his opinion the task force was not covered by the Texas Open
Meetings Act, noting that because the task force is an advisory body, with no
decision-making powers, he advised the task force members that they were not
required to hold a public meeting. Mr. Garza indicated that it is up to the
Council to decide if task force meetings should be open.
Council Member Guerrero stated that nothing should be kept behind closed
doors when tax dollars are being discussed. Mr. Guerrero made the
recommendation by moving to abolish the Mayor's appointed task force, and direct
the City Manager to bring recommendations to the Council. The motion was
seconded by Council Member Rhodes.
Mayor Turner noted that abolishment of the task force would be
counterproductive at this point, noting that the task force is providing a
sounding board and serves a highly useful purpose.
Council Member Rhodes stated that the task force is now making the
decisions which should be made by the whole Council; the Council's
recommendation has been circumvented by the task force; and it is totally in
violation of the Open Meetings Act.
Council Member Schwing stated that there has been overreaction, noting that
the task force is nothing more than a few people discussing things and then
bringing recommendations to the Council.
After some discussion of this matter by various Council Members, Council
Member Pruet offered an explanation of yesterday's meeting, noting that the
action for a closed meeting was not intended to withhold information from the
public and the press.
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Council Member Guerrero withdrew his motion in lieu of an alternative
motion, that the Mayor's task force be opened to the public, as well as the
press for now and in future meetings. The motion was seconded by Council Member
Rhodes who withdrew her second on the previous motion.
City Manager Garza indicated that he will write a report on behalf of the
task force of the various alternatives discussed and present the Council with an
update.
Council Member Rhodes requested that the meeting of the Mayor's task force
be posted.
The vote on the motion passed unanimously. (M88-0216)
Council Member Siavik noted that she had been to Belgium and referred to
metal dome light containers in the downtown areas for glass recycling. Mrs.
Siavik expressed concern about recycling and requested that the staff look into
this method of recycling.
Mrs. Siavik noted that she is in the process of trying to establish a
Sister City connection with Antwerp.
Council Member Pruet noted that he has discussed with staff the idea of
televising Council Meetings, Planning Commission meetings, etc. and will present
a proposal to the Council.
Council Member Rhodes referred to the Wave of Future Dinner
AT&T and passed out information to the Council.
Mayor Pro Tem Strong referred to a call she
noting that a private provider is willing to pick
Mrs. Strong noted that there is a very small
Bass Subdivision who do not have City wastewater.
check into the matter and provide a report to the
sponsored by
had received about recycling,
up newspaper and glass.
pocket of homes on Airline in
She requested that the staff
Council.
Council Member Moss referred to several positions in the library and asked
if the City's library wage rates are comparable to those across the nation, and
City Manager Garza noted that the rates are lower, and that the City is trying
to address that.
Council Member Berlanga referred to a letter from LULAC regarding minority
contracts, noting that LULAC thinks the City should establish a higher
percentage than ten percent. Mr. Berlanga made a motion to raise the minority
contractors from ten percent to forty percent, so that it will not be less than
fifteen percent and up to forty percent.
Council Member Guerrero noted that this matter should be looked into by the
staff; there are certain things that need to be balanced; and he stated that
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there are state and federal regulations that need to be considered before an
ordinance is brought forth.
City Manager Garza noted that staff is in the process of preparing a report
on this subject, noting that over forty percent of the City's engineering
contracts are going to minority contractors.
The motion died for lack of a second.
Council Member Guerrero noted that in regard to recycling, there is a man
who will pick up cans if they are separated in the trash.
Mayor Turner referred to the Resolution honoring Senator Carlos Truan for
twenty years of service, stating that there is a banquet in his honor, noting
that Wednesday, October 12, is State Senator Carlos Truan Day.
Mayor Turner referred to the condition of downtown streets and requested
that the Council be provided with a schedule of repairs.
Council Member Pruet inquired about the number of intersections downtown
which are problems for handicapped because there are no ramps, and City Manager
Garza noted that he will check into the matter.
Council Member Berlanga referred to the old Courthouse, indicating that the
City should enforce the deadline which was imposed on the owner.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr.- Philip Rosenstein, 949 Bobalo, spoke in opposition to the closed
meeting of the Mayor's task force and questioned the judgment of the members of
the task force.
Mr. Raymond Masker, 1813 Wallace, spoke in opposition to the closed meeting
of the Mayor's task force.
Mr. Enrique Garcia, President of the Police Officers Association, read a
letter in regard to the 1990 Police Olympics which will be co -hosted by the
Corpus Christi Police Association.
A motion was made by Mayor Pro Tem Strong to endorse the Corpus Christi
Police Officer Association's effort to bring the police olympics to Corpus
Christi. The motion was seconded by Council Member Slavik and passed
unanimously.
Mr. Garcia noted that the association purchased a union hall on Leopard,
and he invited the Council to an Open House on Sunday morning.
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City Manager Garza referred to the ethics ordinance and requested that a
few more weeks' time be granted to the staff before the ordinance is brought to
the Council.
There being no further business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 4:10 p.m. on October 4, 1988.
* * * * * * * * * * * * *
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 October
4, 1988 which were approved by the City Council on October 11, 1988.
WITNESSETH MY HAND AND SEAL, this the c� rv�l day of A1Y
19 3J .
Betty Turer, MAYOR
T r
If (D
Armando Chapa, City 9dcretary
City of Corpus Christi