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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 'rtes .Leular Council Meeting October 4, 1988 Page 2 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: es .kular Council Meeting October 4, 1988 Page 3 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. tes egular Council Meeting October 4, 1988 Page 4 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. tes Kegular Council Meeting October 4, 1988 Page 5 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 it es gular Council Meeting October 4, 1988 Page 6 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. rtes ,gular Council Meeting October 4, 1988 Page 7 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." * * * * * * * * * * * * * 'T k{.tes ._;ular Council Meeting October 4, 1988 Page 8 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. ,tes sular Council Meeting October 4, 1988 Page 9 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 T tes ,gular Council Meeting October 4, 1988 Page 10 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. T' tes :gular Council Meeting October 4, 1988 Page 11 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