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HomeMy WebLinkAboutMinutes City Council - 06/12/1990MINUTES CITY OF CORPUS CHRISI'1, TEXAS REGULAR COUNCIL MEETING JUNE 12, 1990 2 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Joe McComb Council Members: Cezar Galindo Deputy City Manager Jesus Garza Leo Guerrero * City Attorney Hal George Tom Hunt Asst. City Secretary Dorothy Zahn Edward Martin Clif Moss Mary Rhodes Absent Frank Schwing City Manager Juan Garza City Secretary Armando Chapa Mayor Betty Turner called the mooting to order in the Council Chamber of City Hall. The invocation was given by Council Member Cezar Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Rhodes. Assistant City Secretary Dorothy Zahn called the roll and verified that a quorum of the Council and the necessary charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of June 5, 1990, and there being no additions or corrections, she proclaimed them approved as submitted. Mayor Turner recognized Fire Chief J. J. Adame and presented him with a Proclamation designating June, 1990 as "Corpus Christi Firefighters Appreciation Month." Firefighter/Paramedic Carlos Torres spoke in regard to a fund-raising event to be held by the firefighters in connection with the Muscular Dystrophy Association. MICROFILMEC Minutes Regular Council Meeting June 12, 1990 Page 2 Mayor Turner administered the Oath of Office to the following newly appointed Committee member: Dr. Michael Hughes - Animal Control Advisory Committee. * Council Member Leo Guerrero entered the Council Chamber at 2:05 p.m. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 8. There were no questions from the Council or the audience on the items. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 1. M90-141 Motion approving a supply agreement for service saddles in accordance with Bid Invitation No. BI -0272-90 with International Supply of Corpus Christi, Texas, based on low bid meeting specifications for an estimated annual expenditure of $24,157.78. 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. These items will be used by the Water Department. Funds have been budgeted in FY 89-90 and requested for FY 90-91. The foregoing motion passed by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing absent. 2. M90-142 Motion approving a supply agreement for automatic transmission repair in accordance with Bid Invitation No. BI -0153-90 with Atlas Transmission, Corpus Christi, Texas, based on total low bid for an estimated annual expenditure of $28,160. The term of the contract shall be for twelve months with 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 service will be achninistnred by the Maintenance Service Department and funds have been budgeted in FY 89-90 and requested for FY 90-91. The foregoing motion passed by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing absent. 3. M90-143 Motion approving a supply agreement for galvanized meter stops in accordance with Bid Invitation No. BI -0274-90 with The Rohan Co. of San Minutes Regular Council Meeting June 12, 1990 Page 3 Antonio, Texas, based on low bid for an estimated annual expenditure of $16,132.50. 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. These items will be used by the nag Division. FUnds have been budgeted in FY 89-90 and requested for FY 90-91. The foregoing notion passed by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye";. Schwing absent. 4. M90-144 Motion approving supply agreements for restaurant paper goods in accordance with Bid Invitation No. BI -0232-90 with the following companies for the following amounts based on low bid and low bid meeting specifications for a total estimated annual expenditure of $34,107.34. The terms of the 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 used by Senior Community Services. Funds have been budgeted in FY 89-90 and requested for FY 90-91. ABCO Wholesale Austin, Tx. $18,989.24 Labatt Food Service Corpus Christi Tx. $1,996.80 $5,017.50 Southern Paper & Chemical Corpus Christi, Tx. $1,915.20 Grand Total $34,107.34 Sysco Food Services San Antonio, Tx. $6,188.60 Gulf C'nast Paper Corpus Christi, Tx. The foregoing motion passed by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing absent. 5. M90-145 Motion approving award for two 12 -ton tilt trailers to Power Equipment, Corpus Christi, Texas $18,440, based on low bid and one 12 -ton non -tilt trailer to Trucker's Equipment, Corpus Christi, $8,298, based on hest responsive bid. All units are listed in the Capital Outlay budget as replacements. Minutes Regular Council Meeting June 12, 1990 Page 4 The foregoing motion passed by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing absent. 6. M90-146 Motion approving the purchase of one 6" pump from Air and Puxnp, Corpus Christi, Texas, based on low bid of $10,375 and five 2" trash pumps from Prime Equipment, Corpus Christi, Texas, based on low bid meeting specifications for a total expenditure of $3,280 in accordance with Bid Invitation No. BI -0229-90. These items will be used by the Watar Department and are included in the approved Capital Outlay list. The foregoing motion passed by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing absent. 7. SECOND READING AUTHORIZING THE EXECUTION OF A THREE YEAR GRAZING LEASE AGREEMENT AND AGRICULTURAL WATER USE COVENANT WITH JAMES M. JURANEK FORA 5.43 ACRE TRACT OF LAND OUT OF THE GREa1WAY WATERLINE RIGHT-OF-WAY AT MAGEE LANE AND LOMA ALTA AND APPROVING THE RENTAL FELL OF $30 PER MONTH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing absent. 8. ORDINANCE NO. 20933 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS cHRtSP1 00UNCIL OF GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CENTER BUILDING FOR EDUCATIONAL AND RECREATIONAL PURPOSES; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing absent. * * * * * * * * * * * * Departing from the agenda, Mayor Turner commented about "Operation Paint Brush" and expressed appreciation to Mayor Pro Tem McComb for organizing such a successful canmminity project. Mayor Pro Tem McComb expressed appreciation to the citizens, the City departments and various other organizations who contributed to "Operation Paint Brush." * * * * * * * * * * * * Minutes Regular Council Meeting June 12, 1990 Page 5 Mayor Turner called for consideration of Item 9, a petition which was submitted to the City Council calling for a Charter Amendment Election of a proposition to limit the annual rate increases for utility service. Deputy City Manager Jesus Garza cc mnented in regard to the petition received from the Corpus Christi Taxpayers Association requesting a rate cap and stated that staff suggests that the City Secretary be given the charge of validating the petition. A motion was made by Council Member Martin to direct the City Secretary to validate the signatures and report back to the Council. Mr. Martin suggested further that perhaps the City Secretary might want to first utilize some type of a sampling method rather than validating each signature. Assistant City Secretary Zahn stated that the City Secretary's office believes that this is a very important petition and recommends that all of the signatures be validated. She stated that the City Secretary has arranged to employ a part-time individual to validate the required number of signatures up to the 6,623 which are required. Council Member Moss ccconded the motion and asked if the election could be held with the General Election in November, and Ms. Zahn responded that it would be against State law because the City is not allowed to have local issue items on the November election. A brief discussion followed and City Attorney George read excerpts from the Election Code and the local government code in regard to elections; and after a question from Council Member Hunt, Mr. George indicated that the next available election for the referendum would be on the first authorized uniform election date which would be the date of January 19, 1990. The motion passed unanimously; Schwing absent. * * * * * * * * * * * * Mayor Turner called for the City Manager's report. Deputy City Manager Jesus Garza advised the Council that the Pawnbrokers Ordinance goes into effect on Sunday, June 17, stating that he has the fingerprinting kit if the Council wants to have a demonstration. Council Member Guerrero stated that he thought that the City was going to wait for the results of the lawsuit which had been filed. He expressed concern about exposing the City to liability because the City would be superseding State law. Mr. Guerrero stated that he originally opposed the ordinance; he is still opposed to it; and he advised the Council not to proceed with the effective date. City Attorney George indicated that this matter is in litigation. He gave a brief update on the Pawnshop Ordinance and discussed the pending lawsuit, Minutes Regular Council Meeting June 12, 1990 Page 6 stating that the City's position is that they are not superseding State law. He stated that the lawsuit seeks a declaratory judgment and does not seek money damages. He stated that his instruction was that the City enforce the ordinance. In answer to a question from Council Member Martin, Mr. George stated that the State Pawnbrokers Association has filed the lawsuit and named the Consumer Credit Commissioner as a party to the suit. He indicated that the City has not filed an answer yet and the case has not been scheduled. In answer to a question from Council Member Rhodes, City Attorney George elaborated on the issue of a declaratory judgment. Mayor Turner informed the Council that a Bankers Seminar will be held on Monday, June 18 at the Wyndham Hotel She suggested that the Council attend the seminar which will be sponsored by the local Bankers Association in regard to updating the Council on the newest regulations pertaining to doing business in Mexico. Mayor Turner called for reports from the Council. Council Member Martin commented about a letter from Mr. Erich Wendl, Maverick Market, in regard to economic development requests. He stated that he would like to obtain a response from the Economic Development Corporation. After a brief discussion relative to establishing procedures for answering letters of this type which are sent to the Council, Council Member Martin suggested that the City Secretary's office forward the letter to the Economic Development Corporation and request, on the Council's behalf, their recommendation to the Council. Mr. Martin commented in regard to a memo from the City Secretary which included the Attorney General's opinion about reimbursement for spouse travel. He suggested that staff should draft a new Council policy consistent with the opinion of the Attorney General. Mr. Martin stated that he noticed a large number of capital outlay purchases which is not unusual at the end of the budget year. He stated that he hoped staff will give a second look at budgeted capital outlay expenditures and re -assess what remains in capital outlay. He stated that he is not suggesting a freeze but that it might not be a bad idea. Council Member Moss referred to a memo from Assistant City Manager Hennings in regard to the Aquarium, stating that the closing date is set and construction is not complete. He asked if this will hinder the contract. Assistant City Manager Hennings stated that it will not affect the contract. He stated that a certificate of substantial completion has been issued and that is the procedure which has been set forth in the purchase agreement. .4inutes Regular Council Meeting June 12, 1990 Page 7 Council Member Guerrero inquired about the status of the senior citizens who were not receiving meals, and Deputy City Manager Garza stated that staff provided information to the Council and requested direction as to whether the recipients of the meals should be subjected to certain guidelines. Council Member Guerrero stated that he thought that the direction was to take care of the 130 senior citizens. Council Member Rhodes stated that she does not have any objection to feeding people who cannot afford it. She stated that the memo indicated that it was just the beginning of a waiting list. She stated that the City does not have unlimited funds and she did not think the City should provide free meals for individuals over age 65 if they can afford to pay. After a substantial discussion, Assistant City Manager Hennings statad that the meal program is available to all senior citizens. He stated that part of City Manager Garza's memo was to obtain the Council's reaction. Mr. Hennings advised that staff will work with the Senior Advisory Committee to develop a screening procedure so that future growth will be controlled. Deputy City Manager Jesus Garza stated that meals will be provided to the 130 senior citizens and staff will proceed with instituting a screening process. Mayor Pro Tem McComb expressed the opinion that he wants to be part of a program to provide nutrition for individuals who cannot afford to pay, but that he does not wish to subsidize someone who can afford to buy their own meals. Council Member Hunt commented in regard to a 1980 referendum election in which the City sued the Taxpayers Association and the citizens. He read an excerpt from a letter to the City Attorney from McCall, Parkhurst & Horton, regarding their legal opinion on the tax cap. Mr. Hunt then spoke about the legality of the City using bond money to purchase the CP&L Building, stating that Carlos Valdez, the County Attorney, had expressed the opinion that it was illegal to use bond money specified for a particular purpose. Mr. Hunt expressed concern about the City Manager's remarks made to the news media in regard to the petition for a referendum on the limitation of the annual rate increases for utility service. Deputy City Manager Jesus Garza stated that it is the City Manager's responsibility to recommend to the Council what direction they might take on certain matters of policy, stating that the City Manager was not trying to usurp the powers of the City Council. Council Member Guerrero spoke about recycling thieves and expressed concern about the stolen recycling material, and Deputy City Manager Jesus Garza explained the recycling procedure, stating that the City has route foremen to discourage thievery; and the City will try to minimize it as much as possible. Minutes Regular Council Meeting June 12, 1990 Page 8 Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Ronald McGee, a resident on Claride Street in Flour Bluff, commented in regard to the referendum regarding the utility funds. He read from a portion of Ordinance No. 18341, Proposition 3, Section 16, Interdepartmental transfer of funds. Mr. McGee referred to the funds taken out of the Water Fund to purchase the Longshoremen's Building and suggested that the $380,000 be taken out of the General Fund and put back in the Water Fund with interest. He intimated that if the money is not returned to the fund, he will spearhead a drive to recall all elected officials. Mr. Ronald Hudson, 3556 Austin, commented about arrnss to the Parkdale T.ihrary. He quoted from the City Charter and remarked about statements which the Mayor made in regard to the right to life issue. Mr. JeGca Hix, 2622 Segrest, inquired about plans for a 4th of July parade, and Mayor Turner related the events scheduled for the celebration of the 4th of July week. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 3:00 p.m. on June 12, 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 June 12, 1990 which were approved by the City Council on June 19, 1990. WITNESSETH MY HAND AND SEAL, this the a q K day of August, 1990. tintt,J Armando Chapa City Secretary // ��/' Betty Tuner Mayor