HomeMy WebLinkAboutMinutes City Council - 11/15/1988PRESENT
Mayor Betty Turner
Mayor Pro Tem Leo Guerrero
Council Members:
David Berlanga, Sr.
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing
Mary Pat Slavik
Linda Strong
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
KAFFIE MIDDLE SCHOOL
NOVEMBER 15, 1988
6:30 p.m.
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the auditorium at Kaffie Middle
School.
The Invocation was delivered by Council Member Bill Pruet following which
the Pledge of Allegiance to the Flag of the United States was led by Council
Member Clif Moss.
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 Regular Council
Meeting of November 8, 1988, and there being no additions or corrections, she
proclaimed them approved as written.
Mayor Turner recognized representatives of the Paisano Girl Scout Council
and presented them with a Proclamation designating the month of November as
"Paisano Girl Scout Month".
Mayor Turner recognized representatives of Family Counseling Service and
presented them with a Proclamation declaring the week of November 20 — 26, 1988
as "Family Week".
Mr. Charles Blum, Chairman of the Kennedy Causeway Advisory Committee, gave
a presentation by the committee, noting that the committee was formed to study,
review and implement the John F. Kennedy Recreation Area Master Plan Study. He
indicated that the study of possibly raising the causeway as part of a City
master plan had become more complex than what was originally anticipated. Mr.
MICROFILMED
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Regular Council Meeting
November 15, 1988
Page 2
Blum stated that items which need to be studied are the Corpus Christi Bay, the
Laguna Madre and the future of the wildlife and fishing in that area. Mr. Blum
noted that the committee has pursued to get a hydrological study of the area,
noting that they are in the process of trying to fund the overall study. Mr.
Blum indicated that the causeway elevation is not included in the Texas
Department of Highways and Public Transportation's Ten-year Building Plan.
Mr. Jack Boettcher, a representative of the General Land Office, commented
on the study, noting that the study needs to be done before the state
legislature can be approached for funds to elevate the causeway, indicating that
the legislators will want to know the engineering effect of elevating the
causeway on the environment. Mr. Boettcher stated that a computer model will
assess what the water flow would be without a causeway with pieces of the
causeway and with a causeway elevated from Flour Bluff to Padre Island. Mr.
Boettcher indicated that they are trying to come up with a roadway system which
would meet the future needs for development of lands. He noted that the study
will cost about $60,000, noting that the City's portion will be about $20,000
and pointing out that they are trying to fund it in partial payments, noting
that they have funded the first $7,500 to begin the study.
Council Member Strong elaborated on the needs for the study, pointing out
that the environmental study is needed to see how the quality of water can be
improved.
City Manager Garza indicated that he is still in the process of studying
this issue, noting that the potential return to the City would be significant.
Dr. Arnold Gonzales, a representative of the Land Office, expressed
appreciation to the City Staff for their support in working with the General
Land Office.
Mayor Turner recessed the Regular Council Meeting to convene the meeting of
the Corpus Christi Housing Finance Corporation.
* * * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting and called for
consideration of Consent Motions, Resolutions, Ordinances and Ordinances from
previous meetings, and Council Members requested that Items 2, 6 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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Regular Council Meeting
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Page 3
1. M88-880236
Motion approving and authorizing supply agreement for janitorial supplies
including various paper products, soaps, cleaners and containers in
accordance with Bid Invitation No. BI -0254-88 as follows:
VENDOR
Gulf Coast Paper
Southern Paper
Century Paper
White Swan
Jim Dolan Sales
EST. ANNUAL AMOUNT
$66,165.72
42,219.09
16,718.60
24,755.38
4,800.00
The term of each supply agreement shall be for twelve months with an option
to extend for an additional twelve months subject to the approval of the
supplier and the City Manager or his designee. These items are stocked in
warehouse inventory.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
3. M88-0238
Motion accepting the sliplining of approximately
Oso Trunk "B" and Nile Drive Sanitary Sewers, and
of $189,896.50 to Channel Construction Company.
The foregoing motion passed by the following
Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and
4. M88-0239
9,100 linear feet of the
authorizing final payment
vote: Turner, Guerrero,
Strong voting, "Aye."
Motion awarding a contract in the amount of $1,880,000 to Black Brothers
Construction, Inc. for the additions to the Corpus Christi Museum, in
accordance with the bid specifications for work to be completed within 360
calendar days.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
5. M88-0240
Motion authorizing the negotiation of an agreement with the Blucher
Institute of Surveying and Science for a cooperative effort and the
installation and maintenance of three remote reading tide gauges and a
central receiving unit for an estimated cost of $45,000.
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Regular Council Meeting
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The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
* * * * * * * * * * * * *
In answer to a question from Council Member Moss in reference to Item No. 2
regarding a Supply Agreement for Ductile Iron Pipe, City Manager Garza indicated
that the company the staff is recommending is the low bidder on every single
item and that is the reason they did not recommend splitting the contract.
Council Member Moss requested an
the Capital Budget, and Grace McNett,
explanation, noting that it involves
different CIP accounts based on actual
rather than estimates available at the
explanation for Item No. 6 pertaining to
the Capital Budget Officer, offered an
the adjustment of appropriations to the
balances at the end of the fiscal year,
time of budget preparation.
In reference to Item No. 7 pertaining to the Sanitation Code Amendments,
Council Member Rhodes requested clarification of the new ordinance, noting that
it should be clarified before the third reading.
Ms.
Disposal
the City
up trash
Angie Duran and Mr. Joe Duran, representing the Flour Bluff Public
Service, spoke in opposition to Item No. 7 and presented petitions to
Secretary, indicating that they are a private organization which picks
on the Island and in Flour Bluff.
City Manager Garza indicated that staff will study the Duran's contract,
noting that the City has to allow the contract the Duran's have with their
customers to continue and see if there is some arrangement which can be worked
out. Mr. Garza indicated that it is a form of privatization.
Council Member Strong stated that this ordinance came from her
recommendation, noting that there is another company in the Annaville area with
a similar situation. Mrs. Strong indicated that it was never her intention to
do away with private providers. She recommended that staff look at an amendment
to this ordinance which would grandfather in those people who presently are
receiving services from private providers.
Council Member Schwing inquired if the City will be grandfathering the
company or the number of providers they provide a service for because the City
would be eliminating their growth.
Mayor Pro Tem Guerrero and Council Member Berlanga expressed concern, and
Mr. Guerrero noted that this item should be tabled until staff studies the
situation and brings a recommendation to the Council, noting that if a choice is
given of a City service or a private service on a City function, it will destroy
the essence of the City's operation.
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Regular Council Meeting
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A motion was made by Council Member Schwing to table Item No. 7; seconded
by Mayor Pro Tem Guerrero and passed unanimously.
Council Member Strong inquired about the time frame for return of the
ordinance, and Assistant City Manager Jesus Garza indicated that staff will
require about thirty days to study the situation.
Mr. John Parmer, 14306 Dorsel Street, Padre Island, spoke in favor of the
Flour Bluff Disposal Service, noting that it was the first service on the Island
and provides an excellent service. Mr. Palmer requested that the the Duran's be
allowed to continue their operation.
Mr. Jack Lathers, 14326 Dorsel Street and Mr. Robert Hunt, a resident of
Padre Island, spoke in favor of the Flour Bluff Disposal Service and requested
that they be allowed to continue their business operation.
City Secretary Chapa polled the Council for their votes and the following
were passed:
2. M88-0237
Motion approving a supply agreement for ductile iron pipe in accordance
with Bid Invitation No. BI -0253-88 with American Cast Iron Pipe based on
low bid of $167,636. The term of the 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. These items are stocked
in warehouse inventory and used by the Water Department.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
6. FIRST READING
AMENDING THE CAPITAL IMPROVEMENT FUND APPROPRIATION FROM $76,344,529 TO
$76,847,578 TO PROVIDE FOR CHANGES IN THE PROGRAM SCOPE ORIGINALLY
ANTICIPATED, AND TO ALLOW FOR RESERVE APPROPRIATIONS WITHIN VARIOUS BOND
ACCOUNTS.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
7. Tabled
AMENDING -3' GFT`F-66BST-F.HAP4LER- f--6AhSA6Sr-TRASH--A-O-H REFUGFr-SYa
AMENBIN9--SEGFI04- 21 4,--f,E}F,1,E64'40N--SERV+GE€-4F- TIIB - SANIIA-T30N--BIVIS 9N
AVAMABbE -AME** NC- SEG -T -L -0N--24,-44 s-4448.6$GT4-9N--W-r G-F9&-6BRV;GE6-49
BUSPN£68--ANB--GON34ERGI --ISGTA$1rF6FE4EN-T-Si----ADD•1--A--#EW--B£ET49N--1-19s
SUBS€9T19N-{£ ,-- WAAWA —14F-B18F96AE-4T,Fe5- 9R --N ;;.-GOMMFRGIALT-GHSTOMS&Sp-AND
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Regular Council Meeting
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AMENDING- WA4TON--2-1--2.1-r1-r-CHARGE$--£-4ASM4bIlBIGN-$ESR4$s-4 566--PROPGALE
REPDGED;-PROVIB;NG-FOR -GEVERANGE;-AND-PROS;DING-FOR -PBRB+GATIONr
* * * * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 8 pertaining to the
contract with the Corpus Christi Area Convention and Visitors Bureau.
City Manager Garza briefly explained the recommendations, noting that he
and Bureau President Rob Earley have worked out a contract which they feel is
very favorable. Mr. Garza indicated that there is one recommendation that he
would like the Council to consider changing. He stated that Council Member
Rhodes had suggested that the City Manager and Mayor not be voting members of
the Board. Mr. Garza indicated that he agrees with the suggestion, noting that
in lieu thereof, the Mayor and the City Manager should reserve the same powers
over all Boards and Commissions by the City Charter and these powers should be
included in the contract. Mr. Garza indicated that the Mayor and City Manager
would be ex -officio members and that two voting members should be added to the
board.
A motion was made by Council Member Berlanga to amend the Visitors and
Convention Bureau contract to allow for appointments of representatives who are
not residents of the City. The motion was seconded by Mayor Pro Tem Guerrero
and passed unanimously.
Council Member Pruet noted that there was no debate or discussion by the
task force regarding the City Manager and Mayor being voting members of the
board. Mr. Pruet indicated that he concurs with Mr. Garza's recommendation,
noting that it does eliminate the possibility of questions or conflicts. Mr.
Pruet moved that in the replacement of those two positions that consideration be
given to one of those two positions being placed under the restaurant category.
The motion was seconded by Council Member Rhodes and passed unanimously.
Discussion followed and City Manager Garza referred to the issue of
funding, noting that capping was discussed and there was some concern about
moderating it to keep budgetary control over the program. Mr. Garza indicated
that there are a number of ways that it could be handled.
Council Member Schwing indicated that he could support a cap of $1.5
million.
Council Member Strong noted that she could not support a cap, noting that
it would take away a major incentive.
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Regular Council Meeting
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Council Member Rhodes indicated that the funding could be increased later,
expressing the opinion that $1.5 million is fiscally responsible and that Mr.
Earley had indicated that $1.5 million was an adequate amount of funding. Mrs.
Rhodes noted that no other department has an open-ended budget.
Council Member Pruet indicated that to cap the funding does take away the
incentive, noting that he does see some logic to a graduated scale, indicating
that to cap it at $1.5 is counterproductive. Mr. Pruet indicated that a formula
could be developed that the 3.5 is good up to a revenue share of $2.2 million,
and at that point everything above that, the bureau would be funding at 3t cents
and up to a certain level, so that the City's share increases as the dollar
figures rises.
After substantial discussion regarding the capping of funding, Mayor Turner
urged the Council not to cap it at $1.5 million, indicating that it would be
counterproductive. She pointed out that the $1.5 million is less than what the
Council committed to the first term, noting that if the 3.5 cents exceeds the
$1.5 million, the remaining percentage also is increased so that the City will
have additional funds.
A motion was made by Council Member Guerrero to cap the funding
$1.5 million; seconded by Council Member Rhodes and passed by the
vote: Guerrero, Berlanga, Rhodes, Schwing and Slavik voting, "Aye"
Moss and Strong voting, "No"; Pruet did not vote.
Council Member Slavik referred to various pages in the contract,
Manager Garza provided explanations to her concerns.
level at
following
; Turner,
and City
Mr. Rob Earley, President of the Bureau, suggested that the additional
community -at -large seat be represented from outside the City limits, Indicating
that those people would be inclined to invest in Corpus Christi if they had
voting membership on the Board of Directors. Mr. Earley indicated that to use
the additional seat for a third restaurant or fourth hotel should be examined
before it is finally determined. Mr. Earley indicated that incentives have to
be personalized in order to effect personal performance, noting that by virtue
of the contract with the City, the Bureau's salaries will be scrutinized on an
annual basis. He stated that a cap at some point is an intelligent decision,
noting that he did comment that $1.5 million was adequate, but that he did
emphasize that it was adequate at the minimal level of competitiveness for the
City and the Bureau. Mr. Earley continued by stating that there is potential
for the Council to appropriate more than $1.5 million, but it assures that the
Bureau will get into a lobbying and competitive situation which they are trying
to avoid.
After more discussion of this matter, Council Member Pruet made a motion
that instead of increasing the community -at -large seat to three, it be left at
two, and one of the additional spots made vacant by the City Manager and
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Regular Council Meeting
November 15, 1988
Page 8
Mayor be designated as an area spot to be the chairperson of the area committee
which would be serving the Bureau. The motion was seconded by Council Member
Rhodes and passed unanimously.
8. M88-0241
Approving an amended contract with the Corpus Christi Area Convention and
Visitors Bureau for promotion and advertising services for a term ending
March 31, 1993. The annual funding level would be $1.5 million for fiscal
years 1989-90 and 1990-91, and 3.5 cents of the 7 cent hotel occupancy tax
up to a maximum of $1.5 million for each fiscal year thereafter, subject to
annual appropriations by the City Council. Members of the Bureau board of
directors would be appointed by the City Council.
A motion was made by Mayor Pro Tem Guerrero to approve the contract with
the Corpus Christi Area Convention and Visitors Bureau as amended by the
aforementioned four motions. The motion was seconded by Council Member Rhodes
and passed by the following vote: Guerrero, Berlanga, Moss, Pruet, Rhodes,
Schwing, Slavik and Strong voting, "Aye"; Turner voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 9 pertaining to the
Corpus Christi Business Council, and City Manager Garza offered a brief
explanation of a memo he received from Mr. Jim Bradley of the Corpus Christi
Chamber of Commerce in reference to the Business Council.
Mayor Pro Tem Guerrero and Council Member Berlanga expressed concern
regarding the duplication of councils and expressed the opinion that a business
council is not needed.
There were no comments from the audience on this item.
City Secretary Chapa polled the Council for their votes and the following
Resolution was passed:
9. RESOLUTION NO. 20521
ENDORSING THE PROPOSAL THAT A CORPUS CHRISTI BUSINESS
ESTABLISHED.
The foregoing Resolution passed by the following vote: Turner,
Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero
voting, "No."
* * * * * * * * * * * * * *
COUNCIL BE
Moss, Pruet,
and Berlanga
Mayor Turner called for the City Manager's report, and a member of his
staff presented the Council with copies of the weekly report on items out for
contract.
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Regular Council Meeting
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Mayor Turner called for liaison and other reports from the Council.
Council Member Rhodes referred to a concern regarding parks near schools
where children can obtain alcoholic beverages, noting that a suggestion was made
whereby alcoholic beverages not be allowed in parks near the schools during the
school hours.
Mr. Mike Casey, a member of the police force, noted that this is a serious
problem and suggested an ordinance be passed which would ban all alcoholic
beverages within 1500 feet of school campuses while school is in session.
Discussion followed and Mayor Pro Tem Guerrero made a motion that the City
Manager work with the police officers on an ordinance to be brought before the
Council pertaining to this matter. The motion was seconded by Council Member
Moss and passed unanimously.
Mr. Anson Nash, 1241 Sandpiper, principal of Chula Vista School, offered
comments on alcoholic users, noting that he is in support of the ordinance.
Mayor Pro Tem Guerrero and Council Member Strong suggested that Mr. Nash
and representatives from schools be involved in putting the ordinance together.
Council Member Slavik referred to a letter from Mr. Ken Cross regarding
Packery Channel, and an explanation was offered by Assistant City Manager Utter.
Council Member Strong referred to a concern regarding the Ronald McDonald
house Christmas tree sale at the Moody Meat market lot on Weber. She inquired
if the City Manager could work out a variance, noting that the City staff does
not have the ability to grant them a variance.
Assistant City Manager Elizondo commented on this matter, noting that it
could be worked out.
A motion was made by Council Member Strong that the City Manager work out a
waiver for the Ronald McDonald House. The motion was seconded by Council Member
Moss and passed unanimously; Guerrero absent at the time the vote was taken.
Mrs. Strong referred to a concern in Flour Bluff about a resident on
Brompton Street who is running a salvage business, noting that the residents are
concerned, and City Manager Garza indicated that staff will look into the
matter.
Mrs. Strong referred to concerns pertaining to the
noting that the $200 administrative fee is a way to
permitting takes place, indicating that she was appalled
requires a permit. Mrs. Strong stated that there are a lot
not required, noting that several things were established
She requested that a workshop be held on this topic.
permitting increase,
insure that proper
at the list of what
of permits which are
by City ordinances.
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Regular Council Meeting
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Page 10
Building Official Lorenzo Gonzales noted that some of the requirements are
local, noting that as a general rule, the bulk of the items on the list are part
of the standard model code.
City Manager Garza stated that anything that the City has that requires a
permit is backed up by the code, noting that this situation needs to be worked
out. Mr. Garza indicated that the inspectors are well versed on the code and
are holding up projects that do not have permits.
Council Member Strong requested a list of what has been established by City
ordinance, and what the code is and if there is justification.
Council Member Berlanga reminded the Council of the Quincentennial
Committee recommendations which were sent to the Council by Mr. Tony Bonilla.
He stated that solutions should be found for the recommendation, noting that the
committee has done an excellent job.
Council Member Slavik suggested that the committee be requested to present
a report to the Council.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda, and there being none, she declared the Council Meeting
adjourned at 9:25 p.m. on November 15, 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
November 15, 1988 which were approved by the City Council on November 22, 1988.
WITNESSETH MY HAND AND SEAL, this the `} day of
19
'Be yilner, MAYOR
Armando Chapa, City Setx'etary
City of Corpus Christi