HomeMy WebLinkAboutMinutes City Council - 04/04/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 4, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Frank Schwing
Council Members:
David Berlanga, Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
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 Reverend E. J. Tanner of St. Paul United
Methodist Church following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Joe McComb.
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 referred to the selection of the Mayor Pro Tem and explained
how the Mayor Pro Tem was selected in previous years, noting that this last
term, the position was held on a rotating basis.
A motion was made by Council Member Guerrero that the position of Mayor Pro
Tem be on a rotating system beginning with District 1 thru District 5 and
followed by the Council Members at Large. The motion was seconded by Council
Member Ed Martin and passed unanimously.
Council Member McComb referred to an issue which he stated needs to be
addressed before the Council takes any action. He requested legal
clarification relative to an article in the newspaper concerning Council Member
Tom Hunt and his serving on the Council. Mr. McComb inquired about the status
of the lawsuit relative to Mr. Hunt; he asked if there is a violation of the
code of ethics; and he inquired about the procedure involved.
City Attorney George responded by stating that there is a lawsuit pending;
one of the original plaintiffs was Council Member Hunt; and Mr. Hunt has filed a
MICROFILMED
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Page 2
motion to remove his name from that action. In terms of money owed the City,
Mr. George stated that the debt is not technically due yet. He indicated that
there is no debt due until the Supreme Court renders its decision. He stated
that the Council has the power to decide the qualifications of its members. Mr.
George referred to the recent code of ethics adopted by the Council, stating
that some provisions have very broad language which is too broad to be
enforceable, but in terms of a technical violation, the language is clear, and
he read from the code of ethics. Mr. George pointed out that Mr. Hunt's
involvement is a technical violation.
Mr. George continued by stating that the Charter indicates that one ground
for removal from the Council is willful violation of the code of ethics. He
stated that Mr. Hunt has done everything he could possibly do to remove this
violation by filing the motion. Mr. George noted, however, that the facts are
that any five citizens can file a petition with the Council to hold a hearing.
He expressed the opinion that it is a minor violation; he would advise the
Council not to be concerned about it; and he does not think there is any
problem. He stated that the U.S. Supreme Court will decide the issue and it
will be resolved. Mr. George indicated that there is no problem in proceeding
with Mr. Hunt serving on the Council, stating that this would be a proper
subject for the Ethics Commission to address.
City Manager Garza pointed out that five citizens cannot be controlled from
petitioning.
Council Member Hunt explained in detail the lawsuit dating back to 1984,
elaborating on the violation and the reasons why the lawsuit was filed. He
stated that a personal check from him was placed in the federal court depository
for his share of the penalty. He provided an update as to what the City did,
what he did, and what the Taxpayers Association did relative to the lawsuit.
Council Member Rhodes expressed the opinion that she has no difficulty with
Mr. Hunt because she does not think it is a problem. She stated that the
section referred to in the code of ethics is in the section which the Council
voted to send to the Ethics Commission.
City Attorney George responded to Mr. Hunt's comments by stating that the
City did calculate the effective tax rate correctly and this was upheld in five
courts.
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of March 28, 1989, and there being no additions or corrections, she
proclaimed them approved as presented.
Council Member Berlanga introduced former Honorary Vice Consul of Spain, Mr.
Juan Gussoni, who presented Mayor Turner with a gift to the City of a mosaic
tile. Mr. Berlanga also introduced the Vice President of the Westside Business
Association.
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Mayor Turner read a Proclamation designating April 9 - 14, 1989 as "Coastal
Bend Building Safety Week." Mayor Turner presented the Proclamation to the
President of the Coastal Bend Association of Municipal Inspectors.
Mayor Turner referred to the Board and Committee appointments and the
following appointments were made by the Council:
Building Standards Board Human Relations Commission
Eloy Salazar Elida Gonzalez
Gracie Barrera
Library Advisory Committee Mechanical Advisory Committee
Loretta Jo Shaw Clinton Bailey
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 1 thru 9, and Council
Members requested that Items 2, 3 and 5 be withheld for discussion.
There were no comments from the audience on any of the items.
Council Member Martin announced that he had filed a conflict of interest
affidavit with the City Secretary and will abstain from any discussion and the
vote on Items 6 and 7.
* * * * * * * * * * * * *
City Secretary Chapa polled the Council for their votes and the following
were approved:
1. M89-0088
Motion approving a supply agreement for galvanized and black pipe fittings
with Evans Supply Co. based on the low bid of $17,752.63. The term of the
contract will be for 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 fittings will be used by the Gas and Water
Departments.
The foregoing motion was approved by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
4. M89-0090
Motion authorizing acquisition of Parcel 2, located on York Avenue at Kosar
Street, from Mr. and Mrs. Jose Ramirez, Jr. at a cost of $37,500, for the
Access to Del Mar College project.
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The foregoing motion was approved by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
6. ORDINANCE NO. 20641
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: South
Staples Street, from Saratoga Boulevard to Oso Creek; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and
Schwing voting, "Aye"; Martin abstaining.
7. ORDINANCE NO. 20642
8.
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET: South Staples Street, from
Saratoga Boulevard to Oso Creek; DETERMINING THE PORTION OF SAID COSTS TO
BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE
CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF
THE CITY COUNCIL ON MAY 2, 1989, IN THE COUNCIL CHAMBERS, CITY HALL, 1201
LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and
Schwing voting, "Aye"; Martin abstaining.
ORDINANCE NO. 20643
AUTHORIZING THE EXECUTION OF A GRAZING LEASE AGREEMENT WITH ARTURO BAYARENA
FOR A TEN ACRE TRACT OF LAND LOCATED ON HEARN ROAD NORTH OF BROOKLANE DRIVE
BETWEEN FIVE POINTS AND CALLICOATE ROAD, AND APPROVING THE RENTAL FEE OF
$70 PER MONTH; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye."
9. ORDINANCE NO. 20644
CLOSING AND ABANDONING A TWO-INCH WIDE PORTION OF A 7.5 FOOT WIDE BY 19
FOOT LONG UTILITY EASEMENT IN LOT 12, BLOCK 4, LAGUNA ESTATES UNIT 1,
SUBJECT TO CERTAIN PROVISIONS.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
* * * * * * * * * * * * *
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Relative to Item No. 2 on approving the purchase of electronic parking
meters, Council Member Rhodes moved to table this item, requesting that staff
place the issue of the downtown parking meters on the agenda for next week. She
stated that if the Council votes to keep the downtown parking meters, then she
would request that it be placed right after the motion. She indicated that if
the Council decides to remove the parking meters, those meters should be moved
to the airport. The motion was seconded by Council Member Berlanga and passed
unanimously.
In answer to a question from Mayor Turner, City Manager Garza stated that
staff is interested in the electronic meters and he explained the new electronic
meters. He stated that staff would like to try the new type of electronic
meters at the airport because of the special features. Mr. Garza indicated that
the Council will decide on the issue of the parking meters, but that he will
make the recommendation.
Council Member Berlanga noted that the old meters can be used in some other
area at the airport or somewhere in the City.
Relative to Item No. 3 on the Southside Sewer Treatment Plant, Parcel 1,
Council Member McComb noted the significance of this item, stating that the
acquisition of land for the plant is too significant a concern for a Consent
Motion. He stated that it needs to be noted that the City is making plans to
move forward and the plans are in the making.
Mayor Turner inquired about the difference in the appraised value of the
property and the amount the City is willing to pay, and City Manager Garza
indicated that the City has been concerned about this matter for about a year.
He stated that the state property tax code gives the City the authority to
appeal or take action on a class of properties, not on a specific property. He
noted that the City pointed out the areas where there are differences to the
County Appraiser, Mr. George Moff, and he is aware of the differences. Mr.
Garza stated that the Council should keep in mind that the City is buying a
piece of land on a predesignated lot site.
Council Member Moss stated that he has objected strenuously to the
differences in the appraisals, indicating that he has just received a copy of
some documents used to audit that from Mr. Penuel.
Council Member Martin pointed out that one of the appraisals which the City
had done came in about the same as what the appraisal district had. He asked if
this matter was discussed by the Council in closed session and expressed concern
about this being discussed in public. Mr. Martin stated that he thought the
rest of the parcels should be arranged to be purchased as soon as possible.
Discussion followed and Council Member Moss inquired about the time frame
relative to the construction of the plant, and Assistant City Manager Jesus
Garza stated that it is estimated that the City would begin to look at the
necessity for the plant sometime in 1992-1993 and construction would begin
around the year 1995.
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Council Member Moss noted that this will cost the City eight percent a year
to own in lost interest on the bonds used to buy the land. He indicated that
various factors need to be weighed relative to the cost to own the land.
Mayor Turner inquired if the land could be converted into any productive
use, and City Manager Garza responded by stating that the Council approved the
conversion of the land to a municipal golf site to buffer the actual plant site.
Relative to Item No. 5 on the supplemental contract between the City of
Corpus Christi and the Texas Parks and Wildlife Department, Council Member
Berlanga referred to the clause relative to irrigation and inquired about who
would have the final say in the event of a drought, who would have the last
word, and City Manager Garza responded by stating that according to the
contract, they will abide by whatever conservation measures the City imposes on
its citizens, referring to Page 2, section 5 of the contract.
City Secretary Chapa polled the Council for their votes and the following
were passed:
2. Tabled
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3. M89-0089
Motion authorizing acquisition of Parcel 1, located east of Rodd Field Road
between Yorktown Boulevard and the Cayo Del Oso, from Mr. and Mrs. Jess A.
Babbitt at a cost of $227,700, for the Southside Sewer Treatment Plant
project.
The foregoing motion was approved by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
5. M89-0091
Motion approving a supplemental water supply contract between the City of
Corpus Christi and the Texas Parks and Wildlife Department.
The foregoing motion was approved by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
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Mayor Turner called for the City Manager's report, and City Manager Garza
indicated that he is looking forward to working with the new City Council.
Mr. Garza stated that he will send the Council a memo pertaining to some
workshops which they have requested relative to the Wastewater Capital
Improvements Program and the sanitation system.
Mayor Turner referred to the retreat, and it was the consensus of the
Council that the retreat be scheduled for the weekend of April 29th.
Mayor Turner called for liaison and other reports from the Council.
Mayor Pro Tem Schwing requested a report relative to the City's
negotiations with the school districts concerning the platting and the sign
ordinances.
Council Member McComb requested a verbal report on when the two City
landfills will be accessible to the public on weekends. He inquired about the
status of the violations.
City Manager Garza indicated that the dumps were closed because of several
violations and he elaborated on the violations, noting that the City has taken
measures.
Assistant City Manager Jesus Garza noted that the Westside landfill is
nearing closure sometime this year; once it is closed, the intention is to move
the individuals operating Westside over to Elliott. He stated that a couple of
minor adjustments need to be made on the permit; once those are made and there
is personnel to run the landfill, the City will make the request to have the
landfill open seven days a week.
Mr. McComb encouraged the staff to expedite that as soon as possible
because it is in the City's best interest.
Council Member Martin requested a breakdown of the absentee votes by
candidates, by precinct, if it is available.
Mr. Martin referred to the recent code of ethics passed by the Council and
inquired about the forms relative to the disclosure section, and City Attorney
George stated that staff is currently drafting those forms.
Council Member Berlanga recognized the parents and teachers from David
Crockett School.
Council Member Rhodes suggested that the new Council liaison appointments
to the City's Advisory Committees be scheduled.
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City Secretary Chapa inquired about the appointments to the ethics
commission, and it was the consensus of the Council that recommendations from
various groups be solicited.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience
scheduled on the agenda.
Ms. Dorothy Cochran, 734 Chase, presented a petition to
the residents on Chase Street requesting that the City change
iron pipe because of the rust in the water. She presented
water.
on matters not
the Council from
out the old cast
a sample of the
City Manager Garza indicated that he will check the matter and provide a
status report to the Council.
Mr. Philip Rosenstein, 949 Bobalo, commented on the Mayor's employment by
Brush Country Services which is a state -funded non-profit agency. Mr.
Rosenstein inquired about the legal opinion given to the Mayor and asked when
it was given. Mr. Rosenstein alleged that if the opinion was from City Attorney
George, it could not be an objective or unbiased opinion. He stated that in
every case where a major opinion was needed by the Council, an outside attorney
was used. Mr. Rosenstein asked if any other Council Members are receiving money
from any state -funded and/or non-profit organizations. Mr. Rosenstein urged
that this matter be checked out.
Council Member Rhodes inquired about the legal opinion rendered in this
matter, and City Attorney George stated that he did not render the opinion,
noting that it was rendered by Bruce Aycock. Ms. Rhodes stated that there
should be a legal opinion rendered on this matter.
Ms. Alma Meinrath, 101 Upper North Broadway, Trinity Towers, a representative
of Friends of the Library, stated that next week is National Library Week. She
commented on a new project called "Books to Celebrate."
Mr. R. J. Herschbach, 4650 Hakel, referred to the request he made to the
Council on February 28 relative to the mistake in the firefighters' pensions.
He inquired about the status of the issue, and City Manager Garza indicated that
he is not prepared at this time to recommend that the City proceed with
collections for the amounts as specified. He noted that there are still some
arguments, and he is not ready to make a recommendation.
Mr. William Arnold suggested that Ms. Mary Pat Slavik be nominated to the
ethics commission.
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Mr. Arnold rendered a complaint relative to City trucks dumping in his
neighborhood.
Mr. Arnold presented another complaint relative to the discrepancies in the
election figures for himself, the Mayor and various Council Members. Mr. Arnold
demanded a complete accounting of the vote, and City Secretary Chapa indicated
that he will meet with Mr. Arnold.
Ms. Loretta Newberry extended an invitation to the Council from the members
of the Corpus Christi Citizens for the Retarded, Inc. to a meeting on April 18th
at 7:30 p.m. in St Patricks' Parish Hall.
Mr. Earl Wilder stated that the retired firefighters still have the same
problem, and he commented on the committee which was appointed. Mr. Wilder
stated that Mr. Herschbach is not affiliated with the Old Smokies.
There being no further business to come before the Council, the Council
Meeting was adjourned at 3:30 p.m. on April 4, 1989.
* * * * * * * * * * * * *
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 April 4,
1989, which were approved by the City Council on April 11, 1989.
WITNESSETH MY HAND AND SEAL, this the IT — day of
1989.
Betty Tur er, Mayor
Armando Chapa
City Secretary