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HomeMy WebLinkAboutMinutes City Council - 02/27/1990PRESENT Mayor Betty Tuner Mayor Pro Tem Tian Hunt Council Members: Cezar Galindo Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing * Absent Leo Guerrero MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 27, 1990 2 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 Clif Moss following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Tan Hunt. City cArretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. - mt. Chapa informed the Council that he received a call from Council Member Guerrero who is out of town on business and requested to be excused from the Council Meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of February 20, 1990, following which she pointed out a correction on Page 1. There being no other Corrections or additions, Mayor Turner proclaimed the Minutes approved as amended. Mr. Berney Seal, Chairman of the Board of the Corpus Christi Area Convention and Visitors Bureau, and Mrs. Pat Suter, a representative of the Audubon Society, gave a presentation on bird watching in Corpus Christi. * * * * * * * * * * * * * * Council Member Schwing arrived at 2:10 p.m. -r MICROFILMED _lies Regular COUncil Meeting February 27, 1990 Page 2 Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 6 and Council Members requested that Items 1, 2 and 5 be withheld for discussion. There were no comments from the audience on Items 3, 4 and 6. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M90-057 Motion authorizing acquisition of Parcel 5, located west of Navigation Boulevard, between Bates Street arra Ames Street, in connection with the West Oso Drainage Improvements, a part of the Agnes Street Improvements project, consisting of 1.383 acres at a cost of $18,671. The foregoing motion passed by the following vote: Turner, Hunt, Galindo, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent. 4. ORDINANCE NO. 20881 AUTHORIZING THE EXECUTION OF A ONE-YEAR LEASE OF PATRICIA JANE STUBBS OR RALPH SEAFOOD, INC. FOR A MONTH OR 6 PERCENT OF GROSS RECEIPTS, WHICHEVER AN EMERGENCY. An emergency was declared and the foregoing following vote: Turner, Hunt, Galindo, Martin, Schwing voting, "Aye"; Guerrero absent. 6. FIRST READING THE LrHEAD BAITSPAND WITH CONSIDERATION OF $850 PER IS GREATER; AND DECLARING ordinance passed by the McComb, Moss, Rhodes and AUTHORIZING THE E}FJCUITON OF AIRLII& USE AND LEASE AGREEMENTS WITH OONTINENTAL AIRLINES, INC., SOUTHWEST AIRLINES COMPANY, AND AMERICAN AIRLINES, INC. FOR USE OF FACIIITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance passed on first reading by the following vote: Turner, Hunt, Galindo, Martin, McComb, Moss, Rhodes and Sdhwing voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * Relative to Item 1, supply agreement for PVC pipe and fittings, Council Member Galindo commented on the emergency purchase for this material and expressed the opinion that the City Manager had made a good purchase. In answer to a question from Council Member Martin on Item 2, contract with Bracco Construction Company, Inc. for additional improvements to the Bluff Ates Regular Council Meeting February 27, 1990 Page 3 Balustrade Restoration project, City Manager Garza responded that $54,653 was available in the budgeted project contingencies. Bob Bruner, Director of Solid Waste Services, responded to various questions raised by Council Member Martin on Item 5, Amendment to the FY89-90 Budget to reflect an increase to General Find, Solid Waste Services revenues of $516,100, arra an increase to General Ford, Solid Waste Services appropriations of $516,100. As a result of queries posed by other Council Members, City Manager Garza withdrew Item 5. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M90-055 Motion approving supply agreement for PVC pipe and fittings in accordance with Bid Invitation No. BI -0064-90 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $200,015. The terms of these agreements shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be stored in the Warehouse and used by the Water Department, Wastewater Department, and Park and Recreation Department. Funds were budgeted by these departments. International Supply Noland Co. Corpus Christi, Texas Corpus Christi, Texas Total: $19,486.30 Total: 7,978.70 Aqua Utilities Corpus Christi, Texas Total: $172,550 Grand Total: $200,015 The foregoing motion passed by the following vote: Turner, Hunt, Galindo, Martin, McComb, Moss, Rhodes arra Sc-hwing voting, "Aye"; Guerrero absent. 2. M90-056 Motion approving Change Order No. 3 in the amount of $14,909.57 to the contract with Bracco Construction Company, Inc. for additional improvements to the Bluff Balustrade Restoration project. The foregoing notion passed by the following vote: Turner, Hunt, Galindo, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent. 5. Withdrawn - _Lutes Regular Council Meeting February 27, 1990 Page 4 -THE-el:T'i eF "BBRPUS -G R STT -TER -THE _19000-90 -FfSPAL-YEAR-Te -REFEEef AN -INCREASE -P6 GENERAL-TUNS;-SGLIB-WASTE -SERYI-2fS-REQ;-BF-$51G,1G8-ANB -AN --INEREASE 49 -GENERAL -FUNS-, -SBI -WASTE -SF1w e S - iPTRBPRIATIGNS, -GF $516, 486, ANB * * * * * * * * * * * * Mayor Turner called for consideration of Item 7, Contract for Medical Services, arra advised that she has filed a Conflict of Interest Affidavit and will abstain from the diniosion and vote on this item. City Manager Garza irxiicated that this contract represents a two-year effort in an attempt to privatize the functions of the City Physician's office. He stated that this approach will help to manage the workers' sensation insurance program which has been an increasing financial burden for the City. Assistant City Manager Hennings reviewed the status on the Request for Proposals. He stated that six proposals were received and a staff working group and a subcommittee have evaluated the proposals based on quality and availability of medical services, costs, and the' proposer s strategy to attract and retain employee participation. Mr. Hennings noted that it was determined that the Everhart Clinic, the South Texas Occupational Health Clinic and the Thomas -Spann Clinic were the best proposals. He elaborated on the advantages of each of these providers; he commented about costs and comparisons; and in summary, he advised that the proposal of South Texas Occupational Health Clinic and Spohn Hospital is the most advantageous to the City. City Manager Garza and Mr. Hennings responded to a series of specific questions raised by the Council Members. Council Member Rhodes expressed concern that this avenue will be more costly to the City and questioned the outcome if proven to be more expensive. City Manager Garza pointed out that it is a one-year contract and if it did not work out, the City could revert to the previous system. Mr. Jim Chenault, 4817 Hakel Drive, a representative of the Everhart Occupational Medicine Clinic, presented material to the Council and read a lengthy proposal. He indicated that they are better equipped, better staffed, and have lower prices than the other providers. Mayor Pro Tem Hunt indicated that he would like to have time to read the proposal submitted by the Everhart Occupational Medicine Clinic and suggested that this item be postponed for one week. Council Member McComb expressed concern regarding Mayor Turner serving on the staff at Southside Hospital which is affiliated with the Everhart Clinic. He indicated that the Mayor receives an intone fro the hospital. Ates Regular Council Meeting February 27, 1990 Page 5 City Attorney Hal George explained the Code of Ethics in this regard and stated that a Council Member should not have a substantial interest in a contract with the City. He advised that the Mayor has filed an affidavit and has abstained from the disn,ssion and the vote. Dr. Gary Snook, an orthopedic surgeon affiliated with the South Texas Occupational Health Clinic, spoke on behalf of the Clinic and expressed opposition that the Everhart Clinic sut pitted a second proposal which is after the fact. Dr. William Swan, an orthopedic surgeon, spoke on behalf of the South Texas Occupational Health Clinic, and pointed out that the proposal presented to the Council by the Everhart Clinic was not the original proposal submitted. Mr. Charles Winslow, Marketing Director of the South Texas Occupational Health Clinic, spoke in support of the South Texas Occupational Health Clinic. Following a brief discussion, City Secretary Chapa polled the Council for their votes and the following motion was passed: 7. M90-058 Motion approving contracts with South Texas Occupational Health Clinic and Spohn Hospital for medical services. The foregoing motion passed by the following vote: Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner, Hunt and Galindo abstaining; Guerrero absent. * * * * * * * * * * * * * * Mayor Turner called for consideration of Item 8 and there were no questions from the Council or audience. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 8. FIRST READING AUTHORIZING THE ISSUANCE OF A FIVE-YEAR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR TAXICAB SERVICE OWNED AND OPERATED BY MR. HOWARD KING, DBA, KING CAB COMPANY. The foregoing ordinance passed on first reading by the following vote: Turner, Hunt, Galindo, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * ites Regular Council Meeting February 27, 1990 Page 6 Mayor Turner called for consideration of Item 9, Concessions Contract at the Coliseuum and Convention Center. City Manager Garza provided background information and indicated that staff desired to consolidate both contracts which empire in June. He stated that a total of five proposals were received; an evaluation committee was formed to evaluate the proposals; and the proposals by Ogden Allied and Noble Food Service were superior to the other proposals. After an analysis of all the sutmitted proposals, it was the committee's recommendation to award the concession contract to Ogden Food Services of Teams. Mr. Garza elaborated on the qualifications of Ogden Allied and stated that in terms of money, they will bring about $15,000 more to the City than the proposal submitted by Noble. Harold Peterson, Director of Convention Facilities, discussed the recommendation of the committee; he elaborated on the evaluation process; and he expanded on the categories used to determine the point rating system. He indicated that Ogden or Noble would do an excellent job for the City. Mayor Turner expressed the opinion that the majority of the Council would like to see the contract awarded to a local many. She expressed concern about the point rating system. The Council then discussed the point rating system between the Noble and Ogden companies. Mr. Newt Noble, 15432 Salt Cay, spoke in support of Noble Food Service, and stated that he is the present concessionaire at the Bayfront Convention Center and at one time handled both buildings. Mr. John Larkin spoke on behalf of Ogden Allied, the present concessionaire at Memorial Coliseum. He discussed their contract and indicated that they kept the promises which they made to the City. Mr. Iankin stated that Ogden has attempted to work with local promoters and be spoke about upcoming shows. He stated that all the people who work for Ogden are local. After a brief discussion, Council Member McComb moved to amend the ordinance and award the contract to Noble Food Service. The motion was seconded by Council Member Galindo and passed by the following vote: Turner, Galindo, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Moss voting, "No"; Guerrero absent. City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading as amended. 9. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT TO PROVIDE CONCF_SSIONS SERVICES AT THE BAYFRONT PLAZA CONVENTION CENTER AND THE MEMORIAL COLISEUM, BEGINNING 2:01 A.M., JUNE 3, 1990, AND EXTENDING THROUGH 2:00 A.M., JUNE 3, 1995, WITH NORT,F FOOD SERVICES; ALL AS MORE FULLY SET T _lutes Regular Council Meeting February 27, 1990 Page 7 FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PARD HEREOF, MARK EXHIBIT "A." The foregoing ordinance passed as amended on first reading by the following vote: Turner, Hunt, Galindo, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 10 and 11 on the Southwestern Bell Franchise. City Manager Garza provided background information and elaborated on the effective dates for the two franchise agreements. Mr. Garza indicated that he is still working with Southwestern Bell regarding some minor unresolved issues and is optimistic that they wand be resolved. Council Member Rhodes expressed reluctance to endorse this agreement prior to the unresolved issues being reconciled. Mr. J. E. O'Brien, 4130 Pompano, raised questions and expressed opposition to an increase in the franchise fee. Mr. Garza stated that the agreement is similar to a street use agreement where you pay for the privilege of using that street. He stated that the City does charge people for the right to use City streets. Mr. Raymond Hasker, 1813 Wallace, read from a prepared statement and questioned increasing the telephone tax in order to provide an additional $500,000 for the Convention and Visitors' Bureau which was the plan when the budget was adopted in August, 1989. - - Mr. Garza responded to questions raised by Council Members and expanded on the cash consideration to be paid by the telephone company for the rights and privileges. Council Member Martin pointed out that the fee was previously 2% and the recommended increase is to 3.8%. He noted that the has is the key to the amount of tax — if the base is high enough, the percentage can be lower. Mr. Martin explained various types of services provided by Southwestern Bell and stated that the City has to be careful about the establishment of the lose in order to be sure that they can be competitive with other companies. He stated that the increase will be passed on to the user, as authorized by the Public Utilities Commission. Council Member McCanb also mentioned that the largest increase will be paid by businesses rather than residential customers. Mayor Turner called for comments on Items 10 and 11. . 1tes Regular Council Meeting February 27, 1990 Page 8 Mr. Je n Hix, 2622 Segrest, inquired if rather than 'lagging this increase on to the customers, the increase could be a1-hcnrbed by the company's stockholders. Mr. Ron Maples, Southwestern Bell, 406 North Carancahua, informed the Council that this matter has been under iicn1asion for one and ore -half years and the franchise includes a lot of details that cannot be covered at this time. He explained that in order to enter into this contract, Southwestern Bell has to agree to the contract, and in his opinion, the details can be worked out within the next week prior to the next reading of the ordinance. City Secretary Chapa polled the Council for their votes and the following ordinances passed: 10. FIRST READING AMENDING CHAPTER 55 OF THE CODE OF ORDINANCES FOR THE CITY OF CORPUS CHRISTI, BY ADDING A NEW ARTICLE XIV, TELEPHONE ORDINANCE AGREEMENT, ENACTING AN AGREEMENT BETWEEN THE CITY AND SOUTHWESTERN BELL TELEPHONE COMPANY WHEREBY SOUTHWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS, AND PLArFS IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT; PRESCRIBING A FIVE-YEAR TERM RENEWABLE FOR FIVE YEAR TERMS AND EFFECTIVE DATE OF SAID AGREEMENT, PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNING LAW; LIMITATION; PROVIDING FOR THE REPEAL OF THE IMMEDIATELY PRECEDING FRANCHISE ORDINANCE; AND PROVIDING FOR PUBLICATION, ALL AS HEREIN PROVIDED. The foregoing ordinance passed on first reading by the following vote: Turner, Galindo, Martin, McComb, Moss, -Rhodes and Schwing voting, "Aye"; Hunt voting, "No"; Guerrero absent. 11 SECOND READING AMENDING CHAPTER 55 OF THE CODE OF ORDINANCRS FOR THE CITY OF CORPUS CHRISTI, BY ADDING A NEW ARTICLE XIV, TELEPHONE ORDINANCE AGREEMENT, ENACTING AN AGREEMENT BETWEEN THE CITY AND SOUIHWESIERN BELL TELEPHONE COMPANY WHEREBY SOUTHWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS, AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT; PRESCRIBING A 364 DAY TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNING LAW; LIMITATIONS; PROVIDING FOR THE REAL OF ORDINANCE NO. 544; AND PROVIDING FOR PUBLICATION, ALL AS HEREIN PROVIDED. Ates Regular Council Meeting February 27, 1990 Page 9 The foregoing ordinance passed on second reading by the following vote: Turner, Galindo, Martin, McComb, Moss, Rhodes and SChwing voting, "Aye"; Hunt Voting, "No"; Guerrero absent. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza presented to the Council copies of a memorandum which addressed Council Member Rhodes' concern about dividing the management of the Edwards Aquifer into three districts. He stated that he did not think it is essential, but if the Council would like, a resolution could be passed. He assured the Council that the staff will continue their efforts to protect the City's long-term interests in the Nueces River Basin. On another issue, Mr. Garza reported on the recent trip to New York in connection with the upcoming bond sale. He stated that he had already been informed that Moody's has retained the same rating for the City, and that he expects to retain the same rating with Standard and Poors. Mr. Garza informed the Council that he had urged both rating services to upgrade the City's rating and they both responded that they cannot because the City has a tax cap. * * * * * * * * * * * * * Mayor Turner referred to the Code of Ethics and expressed the opinion that there are obviously some problems with sane portions of the ordinance. She inquired if this should be referred back to the original Ethics Committee or if a Council Committee should be appointed to help refine the ordinance for clarification. Council Member Rhodes stated that there is a need for further clarifications; there will be others in the future; and that she thought that the Council should amend the Code. Council. Member Rhodes then made a motion that the staff place on the agenda next week two amendments: (1) That Council Members should not appear before advisory boards, connittees, or commissions in an attempt to influence the members' decisions on any matter. This motion was seconded by Council Member Moss. Council Member Martin objected to amending the ordinance so quickly just because of one complaint in connection with an appearance at a meeting attended by a Council Member on which the Ethics Commission ruled that it was not a violation of the Code. He stated that he did not intend to give up his rights to protect his own family or property by not being allowed to attend a board meeting when he was personally involved in an issue. Council Member Rhodes agreed with Mr. Martin that that right should be retained. Further dicrnesion followed between Council Members Rhodes and Martin. Mayor Turner indicated her concurrence with Council Member Rhodes' motion because she felt that it did not make sense for Council Members to attend Board ates Regular Council Meeting February 27, 1990 Page 10 meetings and try to advise those members on what they should reconsend to the City Council. Council Member Rhodes repeated her motion and agreed that Council Members should be allowed to attend board meetings if they are personally involved in a matter being considered. The motion was seconded by Council Member Moss and passed by the following vote: Turner, Galindo, McComb, Moss, Rhodes, Schwing voting "Aye"; Martin voting "No"; Guerrero, absent; Hunt, absent at the time the vote was taken. Council Member Rhodes then made a motion that the staff place on the agenda next week an item to amend the Code of Ethics to state that the City Council has the right to refer, by a majority vote of the Council, issues to be considered by the Ethics Canmission. The motion was seconded by Council Member Moss and passed by the following vote: Turner, Galindo, MoCanb, Noss, Rhodes, Schwing voting "Aye"; Martin voting "No"; Guerrero, absent; Hunt, absent at the time the vote was taken. Mayor Turner suggested that the Ethics Commission be directed to develop some rules of procedure and submit them to the Council for review. Council Member Rhodes referred to the Dunn Lane situation and inquired if the City awned property on both sides of the railroad near Savage Lane, and Assistant City Manager Kelly Elizondo responded that the City is in the process of researching this matter. Council Member Rhodes referred to a situation of recurring plaints relative to a ditch on Saratoga and Beard, and Deputy City Manager Jesus Garza stated that the City did some cleaning in that area and staff is working on a response to the concerns. A brief discussion ensued regarding this issue. Council Member Galindo moved to exc usn Council Member Guerrero's absence frau the Council Meeting. The motion was seconded by Council Member Schwing. The Council then discussed guidelines regarding legal absences frau Council Meetings. No action was taken in this matter. The vote on the notion was undlsti rg,i shable. Mr. Galindo spoke about the Ben Hogan South Texas Golf Open and consented about a police tour which he had taken. He remarked about a project and park on Corpus Christi Beach. Council Member Moss ccusented about a no in regard to construction at the marina and raised questions which were responded to by City Manager Garza. * * * * * * * * * * * * * * Mayor Turner called for petitions frau the audience on matters not scheduled on the agenda. Ates Regular Council Meeting February 27, 1990 Page 11 Mr. Jxcca Hix, 2622 Segrest, commented on the CP&L rate increase and the proposed increase in wastewater rates by the City. He read from the City Charter and stated that it is unlawful to transfer money from one fund to another. Mr. Juan Zaragoza, 2825 Cloyde, commented on Council Member Galindo's goals. Mr. David Saenz, 1430 Seventeenth Street, remarked about the Ethics Commission's decision at their recent hearing. Mr. Raymond Hasker, 1813 Wallace, read from the City Charter and made comments about funds taken from the Water blurb to pay for the Longshoremen's Building. Mrs. Betty Armstrong, 3510 Leopard, commented about the high pressure pipelines and the situation with the Javelin Company. Mrs. Mary Celum, 1101 Dunn Lane, read from a prepared statement about the pipeline situation on Dunn Lane. Mr. Sam Celum, 1101 Dunn Lane, presented material to the Council and posed questions regarding the Dunn Lane pipeline situation. City Manager Garza responded to the questions, and Mayor Turner requested that a copy of Mr. Celum's questions be left with staff. Mr. J. E. O'Brien, 4130 Pompano, commented on remarks made in reference to the Ethics Commission. He spoke about the $11 million bond issue, the rate increase proposed by the City staff and other City issues. Mrs. Jeannine Foster, 1118 Foster, expressed concern abort the high pressure pipelines on Dunn Lane. There being no further business to cone before the Council, Mayor Turner declared the Council Meeting adjourned at 5:40 p.m. on February 27, 1990. * * * * * * * * * * * * * I HEREBY CERTIFY that the foregoing is a true arra correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of February 27, 1990, which were approved by the City Council on March 6, 1990.Q WITNESSETH MY HAND AND SEAL, this the ;)day of ., ‘Jl_ 1990. U Armando Chapa City cdarretary