HomeMy WebLinkAboutMinutes City Council - 03/20/1990PRESENT
Mayor Betty Turner
Mayor Pro Tem Tom Hunt
Council Members:
Cezar Galindo
Leo Guerrero
Edward Martin
Clif Moss
Mary Rhodes
Frank Schwing
Absent
Joe McComb
ce_tet-
MINUMS
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 20, 1990
2 p.m.
City Manager Juan Garza
City Attorney Hal George
Assistant City Secretary Dorothy Zahn
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
Council Member Cezar Galindo led the Pledge of Allegiance to the Flag of
the United States.
Assistant City Secretary Zahn called the roll and verified that a 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 March 13, 1990, and there being no corrections or additions, she
proclaimed them approved as presented.
Mayor Turner administered the Oaths of Office to the following newly
appointed Board and Committee members: Chester Carmer, III, Edwin Goodman,
Cynthia Hill and James Catron - Landmark Commission; Elda Castillo and Mary Ruth
Johnson - Senior Companion Program Advisory Committee.
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinances from previous meetings on Iteims 1 thru 13 and Council
Members requested that Items 6 arra 7 be withheld for dienigsion.
There were no =rents from the audience on the items.
MICROFILMED
_.inutes
Regular Council Meeting
March 20, 1990
Page 2
Assistant City Secretary Zahn polled the Council for their votes and the
following items passed:
1. M90-070
Motion approving a supply agreement for ready mix concrete in accordance
with Bid Invitation No. BI -0207-90 with South Texas Materials Co., Corpus
Christi, Texas based on low bid for an estimated annual expenditure of
$18,562.50. The term of the agreement 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. This
material will be used by various departments throughout the City and has
been budgeted accordingly.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; McComb absent.
2. M90-071
Motion approving a supply agreement for T. D. Williamson Hot Tap Fittings
in accordance with Bid Invitation No. BI -0191-90 with T. D. Williamson
Company, Tulsa, Oklahoma on the basis of sole source for an estimated
annual expenditure of $51,219.20. The term of the 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 budgeted items will be used by the Gas Division.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; McComb ahsPnt.
3. M90-072
Motion awarding a contract in the amount of $36,820 based on total low bid
to Garrett Construction Company for construction of pier improvements at
the craneway pier on the Cooper's Alley Is -Head.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Moss, Rhodes and Schwing voting, "Aye"; Martin voting, "No";
McComb absent.
4. M90-073
Motion approving the purchase of 30 microwave vehicle detectors, in
accordance with Bid Invitation No. BI -0184-90, from Kentron Traffic
Products, Inc. of Houston, TX for the amount of $14,850 based on low bid.
These items will be used by the Traffic ingineering Department for vehicle
detection and have been budgeted for accordingly.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; McComb absent.
:.inutes
Regular Council Meeting
March 20, 1990
Page 3
5. M90-074
Motion approving the application by the Auxiliary to the Art Museum of
South Texas to hold the 4th annual "Art in the Heart" Festival on March 30
- April 1, 1990, and approving the closing of the following streets during
that period:
a. Chaparral Street, between Williams and Starr
Streets
b. Schatzel Street, between Water and Mesquite
Streets
c. Peoples Street, between Water and Mesquite
Streets
d. Lawrence Street, between Water and Mesquite
Streets
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; McComb absent.
8. M90-077
Motion authorizing acquisition of Parcels 2a and 2b located west of
Navigation Boulevard between Agnes Street and Bates Street for $128,000, in
connection with the West Oso Drainage Improvements, a part of the Agnes
Street Improvements project, consisting of 1.974 acres.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; McComb absent.
9. M90-078
Motion authorizing acquisition of Parcel 3, located east of Rodd Field Road
between Yorktown Boulevard and Cayo Del Oso, in connection with the
Southside Sewer Treatment Plant, consisting of 19.69 acres at a cost of
$182,000.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; McCwnb absent.
10. M90-079
Motion authorizing acquisition of Parcel 6, located Past of Rodd Field Road
between Yorktown Boulevard and Cayo Del Oso, in connection with the
Southside Sewer Treatment Plant, consisting of 19.19 acres, at a cost of
$177,508.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; dComb absent.
.4inutes
Regular Council Meeting
March 20, 1990
Page 4
11. M90-080
Motion authorizing acquisition of Parcel 2, located east of Rodd Field Road
between Yorktown Boulevard and Cayo Del Oso, in connection with the
Southside Sewer Treatment Plant, consisting of 19.69 acres at a cost of
$182,000.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; MoCanb absent.
12. ORDINANCE NO. 20892
AUTHORIZING THE EXEC.TJI'I0N OF A ONE-YEAR GRAZING LEASE AGREEMENT WITH ARTURO
BAYARENA FOR A TEN -ACRE TRACT OF LAND ON HEARN ROAD, ACQUIRED AS PART OF
THE 0. N. STEVENS PLANT EXPANSION PROTECT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Hunt, Galindo, Guerrero, Martin, Moss, Rhodes arra
Schwing voting, "Aye"; McCanb absent.
13. ORDINANCE NO. 20893
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE TEXAS GENERAL LAND
OFFICE BY GRANTING A CHANGE IN ZONING AND A SPECIAL COUNCIL PERMIT ALLOWING
A MIXED USE DEVELOPMENT, INCLUDING TRAVEL TRAILER PARKS (TRACTS 2A/B, 3),
AN OPEN-AIR RETAIL MARKET, AND SPECIFIC PROVISIONS FOR LANDSCAPING AND
SIGNAGE; AND DECLARING AN EMERGENCY.
The foregoing ordinance passed on third reading by the following vote:
Hunt, Galindo, Guerrero, Martin, Mbss, Rhodes and Schwing voting, "Aye";
Turner abstaining; McComb absent.
* * * * * * * * * * * * *
Relative to Item 6, Harbor Playhouse exterior maintenance and sealing,
Council Member Mass inquired when the work on the building will be completed,
and City Manager Garza replied within the next thirty days.
Council Member Martin questioned the legality of transferring the contract
for the ,ling of the building to Harbor P1ayhansa, Inc. He expressed the
opinion that the assignment of the contract would not be a favorable tactic
because it appears to be a way of bypassing the bidding process.
City Attorney George stated that the City is assigning its interest in a
contract to a nonprofit corporation and that corporation is not governed by the
congpetitive bid statute. He ascertained that the transfer is legal and not a
way to ciramivent the carpetitive bidding statute.
Mr. Martin inquired about the exact reason for the transfer and expressed
concern that it is a bad practice.
.iinutes
Regular Council Meeting
March 20, 1990
Page 5
City Manager Garza indicated that Mr. Martin's statement is correct. He
stated that State law does not allow the City or any other governmental entity
to amend a contract by more then 25 percent. He stated that he is not trying to
circumvent the law but is trying to do scanethix,j which the law allows.
Council Member Martin stated that the City could cancel the contract arra
Harbor Playhouse, Inc. could enter into their own contract. He disapproved of
the legal opinion in this situation.
A brief dign,csion ensued and Council Member Rhodes and Mayor Pro Tem Hunt
concurred with Council Member Martin's concerns. Mr. Hunt expressed the opinion
that the Council should have their own attorney to advise them. Mrs. Rhodes
stated that she would like staff to present other options relative to the
contract.
Mr. 0. K. Smith, representing the Board of Harbor Playhouse, Inc., stated
that the assignment of the contract is not an attempt to circumvent the law. He
indicated that they are trying to work within the framework of the rules and
regulations.
In answer to a question frcan Council Member Moss on Item 7, Corpus Christi
International Airport Terminal Building Improvements, City Manager Garza stated
that the improvements do not include the roof; he is aware of the problem; and
is in the process of finding the funis to repair that problem.
Assistant City Secretary Zahn polled the Council for their votes and the
following items were passed:
6. M90-075
Motion approving aggignment to Harbor Playhouse Inc., of the contract with
Century Weatherproofing Inc., inthe amount of $17,990 for exterior
maintenance and sealing of the Harbor Playhouse Building.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Moss and Schwing voting, "Aye"; Martin and Rhodes voting, "No";
McComb absent.
7. M90-076
Motion awarding a contract in the amount of $119,000 to Fondren
Construction Corporation for interior and exterior finish work, and
mechanical, electrical, plumbing, arra site work at the Corpus Christi
International Airport Terminal Building.
The foregoing motion passed by the following vote: Turner, Hunt, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; McComb absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item 14.
Minutes
Regular Council Meeting
March 20, 1990
Page 6
Deputy City Manager Jesus Garza presented a synopsis of the Recycling and
Source Separation Pilot Program. He stated that the program will commence sixty
days after Council approval, and the contractor shall reimburse the City fifty
percent of the prorPwwis frau the sale of the recyclable materials.
In answer to a question from Council Member Martin, Mr. Garza elaborated on
the terms of the contract.
Mayor Turner suggested a language change on page 6 of the contract to
change the word "disadvantaged" to "disabled."
Council Member Rhodes inquired about drop-off points. She stated that the
City should make arrangements for others to participate in the program.
Deputy City Manager Garza stated that drop-off points were not addressed in
the contract with Garbage Gobbler. He indicated that the contract could be
amended. He pointed out that public education is a strong part of the contract
to ensure that there is maximum participation in the program.
Council Member Rhodes suggested establishing five district drop-off points
with five different containers at the drop-off points. She also suggested that
appreciation of some kind be given to the neighborhonda participating in the
program.
Mr. Garza responded to questions raised by various Council Members.
Mayor Turner suggested the following language change on page 10 of the
contract: "Contractor recommends the continuation of a citizen's advisory
committee." She suggested that a public hearing or a party of some kiwi be
given at the end of the six-month period to obtain feedback frcan the people who
have participated in the program.
A motion was made by Council Member Guerrero to change the language on page
6 of the contract as suggested by Mayor Turner. The nation was seconded by
Council Member Rhodes and passed unanimously; MoComb absent.
Council Member Guerrero made another motion to change the language on page
10 of the contract as suggested by Mayor Tlrrner. The motion was seconded by
Council Member Schwing and passed unanimously; McComb absent.
Council Member Rhodes moved to instruct the City Manager to amend the
contract to include central drop-off points for those people not on the routes
who would like to participate in the program. The motion was seconded by
Council Member Martin and passed unanimously; !&caub absent.
Mr. Stan Weik, recycling coordinator with Garbage Gobbler, stated that they
would consider the option of drop-off points. He pointed out that there could
be a significant expense involved because drop-off points need to be supervised
to prevent them frau being used as illegal dump sites. He stated that he will
work out negotiations for a manned facility.
.mutes
Regular Council Meeting
March 20, 1990
Page 7
Council Member Martin offered scene suggestions
facility.
Assistant City crirretary Zahn polled the Council
following motion passed as amended:
14. M90-082
for a voluntary -manned
for their votes and the
Nation authorizing the City Manager or his designee to approve a contract
with Industrial Disposal Service Cangrany, dba Garbage Gobbler, for the
Pilot Source Separation/Recycling Program as approved by the City Council
on January 16, 1990.
The foregoing motion passed as amended by the following vote: Turner,
Hunt, Galindo, Guerrero, Martin, Moss, Rhodes arra Schwing voting, "Aye";
McComb absent.
* * * * * * * * * * * * *
City Manager Garza informed the Council that Item 15 will be discussed in
closed cncaion.
Mayor Turner called for consideration of Item 16 arra there were no
questions frau the Council or the audience.
Assistant City Secretary Zahn polled the Council for their votes and the
following item was passed on first reading.
16. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, SECTION
35-80, INSURANCE AND BONDS, BY DELETING SAID SECTION IN ITS ENTIRETY AND
SUBSTITUTING THEREFOR ANOTHER SECTION 35-80.
The foregoing ordinance passed on first reading by the following vote:
Turner, Hunt, Galindo, Guerrero, Martin, Moss, Rhodes and Schwing voting,
"Aye"; McComb absent.
*************
On Item 17, Code of Ethics Revision, Council Member Martin inquired how
pawing this item would differ from what currently is in existence, and City
Attorney George responded that it does not require the Council to sign the
statement or swear to it. He stated that the statement would have to specify
the section that is violated, and that there should be sufficient supporting
facts to show that there was a violation.
Council Member Martin intimated that the amendment would give the Council
more protection. He expressed the opinion that it is not needed and he will
vote against it.
.4inutes
Regular Council Meeting
March 20, 1990
Page 8
Council Member Rhodes stated that the amendment will give the Council the
right to refer matters to the Ethics mission. She stated that she has no
objection if the complaint has to be signed.
A short discussion followed and O .incil Member Rhodes moved to add the
requirement to the amendment that if the Council refers something to the Ethics
Commission that it has to be signed. The notion was seconded by Mayor Pro Tem
Hunt and passed; McComb absent.
Mt. Jassa Hix, 2622 Segrest, stated that if the Council signs the
complaint, it would have an impact on the Ethics Commission.
Mr. Philip Rosenstein, 949 Bobalo, stated that when five citizens sign a
sworn complaint and it is found groundless, they are liable for the legal fees.
He indicated that the same standard should apply to the Council.
Council Member Rhodes explained that if something is sent to the Ethics
Commission and they decide to hear it, no one is found liable.
Mr. J. E. O'Brien, 4130 Pompano, expre sed opposition to this item. He
stated that the City Charter gives the Council the power to investigate their
own inquiries, and this would be duplicating those powers. He stated that this
should not be the proper forum for the Council to send complaints to the Ethics
Commission.
Assistant City ncretary Zahn polled the Carncil for their votes and the
following ordinance passed as amended on second reading.
17. SECOND READING
AMENDING THE CITY CODE OF EIHICS, BY AMENDING baaiON 2-330-(B) REGARDING
REFERRALS OF POSSTBT F VIOLATIONS TO THE ETHICS COMMISSION MISSION FROM THE CITY
COUNCIL.
The foregoing ordinance passed as amended on second reading by the
following vote: Turner, Guerrero, Moss, Rhodes and Schwing voting, "Aye";
Hunt, Galindo and Martin voting, "No"; McComb absent.
*************
Mayor Turner called for Consideration of Item 18, Sewage Surcharge Rates
City Manager Garza advised that this proposal had been presented to the
Rate Study Committee for their review, and the Committee concurred with staff's
relation. He related changes from what was prviously presented to the
Council, whereby the surcharge rate increase would be phased in over a 24 -month
period, and that the ordinance would implement the rate increases in two initial
increases of forty percent each.
_,mutes
Regular Council Meeting
March 20, 1990
Page 9
Mr. Donald McClure, a member of the Rate Study Committee, stated that the
Committee studied the proposal and concurred with staff's recommendations.
Assistant City Secretary Zahn polled the Council for their votes and the
following items pa e4:
18. M90-083
Motion to amend prior to third reading, the ordinance which provided for an
increase in the sewage surcharge rates to allow for phased implementation
of the rate in rnage as follows:
Effective Date
BOD Rate TSS Rate
March 1, 1990 $0.0533/1b. $0.0692/1b.
September 1, 1990 $0.0746/1b. $0.0968/1b.
March 1, 1991 $0.0962/lb. $0.0979/1b.
September 1, 1991 $0.1178/1b. $0.0990/lb.
March 1, 1992 $0.1394/1b. $0.1001/1b.
The foregoing motion passed by the following vote: Turner, Galindo,
Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; Hunt voting,
"No"; McComb absent.
19. ORDINANCE NO. 20895
AMENDING THE CITY CODE, CHAPTER 55, U TLITHES, SECTION 55-146, ABNORMAL
SEWAGE SURCHARGE, SUBSECTION (H) , SO AS 'IU PROVIDE CERTAIN INCREASES IN
WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance passed on third reading by the following vote:
Tuner, Hunt, Galindo, Guerrero, Martin, Moss, Rhodes and Schwing voting,
"Aye"; McComb absent.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza reported on the press conference held by the Police
Officers Association.
Mayor Turner called for reports from the Council.
Council Member Martin commented about amaranth= frcan the City Manager on
joint water planning. It was suggested that members of the Council who would
like to serve on a committee regarding the City's water planning transactions
with San Antonio should inform Mayor Turner. Mayor Turner indicated that she
would make the appointments the following week.
Minutes
Regular Council Meeting
March 20, 1990
Page 10
Council Member Moss commented about a menorarrhmi from the City Manager
regarding the storage of engineering records. City Manager Garza stated that
the City is mandated by the State to start a records retention program, noting
that the City does have a need for more storage space.
Mayor Pro Tem Hunt suggested storing records at the CP&L building which
will be the new police facility. He inquired what the City pays for storage at
the Gibbons Building.
Mayor Pro Tem Hunt inquired red about comments made by Mt. Irving Dietz at last
week's Council Meeting regarding street sweeping. City Manager Garza responded
that the street sweeping activity is under the General Fund and is under the
Director of Sanitation Services. He stated that the mowing and cleaning of
ditches is under the Water Ford under drainage activities.
Mr. Hunt cemented about legal staff's opinions regarding the purchase of
the CP&L Building and the purchase of the Longshoreman's Building. He stated
that there is no documentation of those legal opinions.
Council Member Guerrero indicated that he thought that the City had
suspended street sweeping. He requested a written report on whether street
sweeping has been suspended, and he asked for written clarification regarding
who handles ditch cleaning.
Council Member Rhodes expressed the opinion that it is not right for a
Council Member to be rude to a staff member during a Council Meeting because the
staff cannot respond. She remarked that if a Council Member has questions or
concerns of staff, those could be addressed during the meeting, but criticism
and derogatory remarks are inappropriate.
* * * * * * * * * * * * *
Mayor T.rrner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Anthony Staton, 1901 Rodd Field Road, commented about the harassment of
the homeless. Mayor T,rner encouraged Mr. Staton to advise the City Manager if
he has specific complaints about City staff.
Council Member Rhodes stated that United Way has an information line which
puts the community in touch with the various services available in the City.
Mr. Philip Rosenstein, 949 Bobalo, objected to remarks made by Council
Member McComb at last week's Council Meeting relative to censorship of the
televising of Council Meetings.
Mr. JPsse Hix, 2622 Segrest, remarked about the telephone franchise fee.
Council Member Galindo advised that Southwestern Bell has three pLuytams
available for senior citizens and irdigent people. He stated that Southwestern
Bell will provide him with information on these programs.
:dilutes
Regular Council Meeting
March 20, 1990
Page 11
Mr. J. E. O'Brien, 4130 Pompano, inquired about information concerning the
antennas brought up at last week's Council Meeting, arra City Manager Garza
responded by stating that he is not ready to report on this matter.
Mrs. Helen Royal, 2911 North Shoreline, commented about the palm trees
being stripped by City staff before the freeze. She asked if the City has a
professional who is knowledgeable about plants and trees She also asked if
Pearl Street is closed. City Manager Garza responded by stating that there is a
person in the Park and Recreation Department who is knowledgeable about plants
and trees He stated that Pearl Street is open.
* * * * * * * * * * * * *
The Council then went into closed mesion pursuant to the Texas Open
Meetings Act, Article 6252-17, V.A.C.S. (f) to discuss Item 15.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 3:35 p.m. and Assistant City
Secretary Zahn polled the Council for their votes and the following resolution
was passed:
15. RESOLUTION NO. 20894
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
A PARCEL OF LAND FOR THE ACQUISITION OF PARCEL 3, LOCATED ON AYERS STREET
JUST SOUTHWEST OF FREDERICK DRIVE, IN CONNECTION WITH THE CRCSSPOWN
EXPRESSWAY DRAINAGE PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, MR.
ARNO W. BEHMAN, ET AL.
The foregoing resolution passed by the following vote: Turner, Hunt,
Galindo, Martin, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken; McComb absent.
* * * * * * * * * * * * * *
There being no further business to cane before the Council, Mayor Turner
adjourned the Council Meeting at 3:40 p.m. on March 20, 1990.
* * * * * * * * * * * * *
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 March 20, 1990 which were
approved by the City Council on March 27, 1990.
WITNESSETH MY HAND AND SEAL, this the 29th day of June, 1990.
,J42,,,,,„
etty Turner
Mayor
Armando Chapa
City Secretary