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HomeMy WebLinkAboutMinutes City Council - 07/24/1990CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 24, 1990 2 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing * Council Members: Cezar Galindo Leo Guerrero Tom Hunt Edward 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 Council Member Clif Moss following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cezar Galindo. City Secretary Armando Chapa 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 July 17, 1990, and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner administered the Oaths of Office to the following newly appointed Board and Committee members: Don Roland - Private Industry Council; Leslie Baker - Building Standards Board; and Paula Garnett - Animal Control Advisory Committer. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinanrns and ordinances from previous meetings on Items 1 thru 11, and Council Members requested that Items 2, 4, 6 and 7 be withheld for discussion. There were no comments from the audience on the items. * Mayor Pro Tem Schwing and Council Member McComb arrived at 2:10 p.m. MICROFILM Et Minutes Regular Council Meeting July 24, 1990 Page 2 City Secretary Chapa polled the Council for their votes and the following were passed: 1. M90-186 Motion approving the purchase of personal computer equipment and software in accordance with Bid Invitation No. BI -0294-90 on the basis of low bids, low bids meeting specifications, and best bid from the companies listed below: a. OCS, Corpus Christi b. Computerland, Corpus Christi 1 lasar printer 3 items software $2,204.00 $3,770.00 c. RCC, Corpus Christi 2 items software $492.00 GRAND TOTAL: $6,466.00 The foregoing motion used by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 3. M90-188 Motion approving a supply agreement for firefighting clothing in accordance with Bid Invitation No. BI -0345-90 with Halprin Supply Co., Lewisville, Texas based on low bid for an estimated annual expenditure of $33,643.75. 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. Funds have been requested for FY 90-91. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 5. M90-190 Motion approving a supply agreement for liquid cationic polymers with Calgon Corporation, Pittsburgh, PA based on low bid for the total estimated annual expenditure of $165,734 in accordance with Bid Invitation No. BI -0321-90. The term of the agreement will be 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. The polymers are water -treating chemicals used by the Water Production Department. Funds have been requested for FY 90-91. Minutes Regular Council Meeting July 24, 1990 Page 3 The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 8. RESOLUTI0N NO. 20952 APPOINTING ELECTION OFtICTALS FOR ALL MUNICIPAL ELECTIONS FOR 1990 AND 1991. The foregoing resolution passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 9. ORDINANCE NO. 20953 AUTHORIZING THE EXECUTION OF AN AIRLINE USE AND LEASE AGREEMENT WITH DELTA AIRLINES, INC. FOR USE OF FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. The foregoing ordinance passed on third reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 10. ORDINANCE NO. 20954 AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V, INCREASE THE SPEED LIMIT IN CERTAIN ZONES. The foregoing ordinance passed on third reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 11. ORDINANCE NO. 20955 ADOPTING GOLF FEES AND CHARGES FOR THE 1990-91 FISCAL YEAR FOR THE GABE LOZANO SR. AND OSO GOLF COURSES. The foregoing ordinance pasood on third reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * * In response to a question raised by Mayor Turner on Item 2, approving a supply agreement for Fire Department regulation uniforms, City Manager Garza clarified that the bid invitation was for a total low bid. In answer to a question posed by Council Member Moss on Item 4, approving a supply agreement for pavement marking paint, City Manager Garza elaborated on the contract and stated that the amount of paint to be purchased will be sufficient. Minutes Regular Council Meeting July 24, 1990 Page 4 In response to a question from Council Member Moss on Item 6, approving the purchase of a cab and chassis with paint striping machine, City Manager Garza responded that the purchase is for a cab and chassis including a paint striping machine. Mr. Garza stated this unit was a priority item over the sign sheeting applicator. Relative to a question posed by Council Member Moss on Item 7, Westside Wastewater Treatment Plant, Carl Crull, Engineering Services Director, explained that the overall project for the expansion of the wastewater treatment plant is approximately seventy percent complete and that the work to be done by the Central Power and Light Cmany has not been started. There were no comments from the audience on Items 2, 4, 6 and 7. City Secretary Chapa polled the Council for their votes and the following were pa sed: 2. M90-187 Motion approving a supply agreement for Fire Department regulation uniforms in accordance with Bid Invitation No. BI -0268-90 with Martin's Uniforms, San Antonio, Texas based on total low bid for an estimated annual expenditure of $13,261.20. 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. Funds have been requested for FY 90-91. The foregoing motion pa sed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 4. M90-189 Motion approving a supply agreement for pavement marking paint in accordance with Bid Invitation No. BI -0329-90 with Trantex, Transportation Products of Texas, Inc., Houston, Texas, based on low bid mooting specifications for a total of $56,827. The term of the contract will be 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. The paint will be used by Traffic Engineering and the Aviation Department. Finds have been requested for FY 90-91. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 6. M90-191 Motion approving the purchase of a cab and chassis with paint striping machine in accordance with Bid Invitation no. BI -0269-90 from M -B Company, Chilton, WI, based on the low bid of $126,636.30. The unit will be used by Minutes Regular Council Meeting July 24, 1990 Page 5 Traffic Engineering for the paint striping of City streets. This item was budgeted in the 1989-90 Capital Outlay as a replacement item. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 7. M90-192 Motion authorizing payment of $25,960 to Central Power & Light Company to upgrade the alternate power supply to accommodate the increased demand of the expanded Westside Wastewater Treatment Plant. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza commented in regard to Assistant City Manager Debra Andrew's resignation. Assistant City Manager Andrews expressed appreciation to the Council and staff during her tenure with the City. Mr. Garza related that the police building systems furniture will be on display next Tuesday at the Coliseum. Mr. Garza clarified that the contract approved last week for the new telephone system guarantees the City's expenses for maintenance. Mr. Garza spoke in regard to a police offirnr who was killed in an airplane accident. Mayor Turner called for reports from the Council. Council Member McComb expressed the opinion that the Airport parking toll attendants would make a more favorable impression to City visitors if they were dressed in a City t -shirt or a City cap. Mr. McComb suggested that some old tires at the entrance to the airport be removed either by the State Highway Department or airport maintenance. Council Member Guerrero mentioned a dangerous curve situation in the area of Horne Road going towards Columbia and suggested placing a guard rail to protect the residents. Mr. Guerrero referred to Village of the Green and spoke of the enormous number of break-ins. He stated that the residents telephoned the Police .Chutes Regular Council Meeting July 24, 1990 Page 6 Department and were told that there were not enough officers to patrol the area. Mr. Guerrero requested the City Manager to check into this situation. Mr. Guerrero commented in regard to a complaint which he had received about a toplesa bar located next to a learning center for children and inquired about the zoning. Assistant City Manager Elizondo responded that the zoning is "B-3" which allows general coimnercial noes with the exception of residential uses. He stated that the restrictions are churches and public education facilities, and learning centers would not qualify. Mr. Guerrero suggested that the possibility of including learning centers in the restrictions of the local ordinance be placed on an agenda for Council discussion. Council Member Rhodes stated that community groups have approached the Convention and Visitors Bureau for small amounts of funding and have been informed that the bureau has a rule that they cannot release any monies to local organizations. Mrs. Rhodes requested that the rule be examined as to who made it and how it can be changed. Mrs. Rhodes referred to the one-half cent sales tax increase issue and commented in regard to Minutes taken at several meetings during the past year by sales tax proponents, each of which mentions Packery Channel as a project that could be funded by the one half -cent sales tax. She stated that there was a consultant from Minnesota present at these meetings and that she would like to know who paid his fee and who paid for all the dinners where Packery Channel was discussed as a high priority item. Mrs. Rhodes alleged that when the presentation was given on the one-half cent sales tax, the Council was provided a legal analysis of the sales tax and that the copy that they were given was different from the one which the Committee had. Mrs. Rhodes inquired about the development of the City's AIDS policy, and City Manager Garza responded that the policy is almost complete and will be brought before the Council shortly. Council Member MCComb cemented in regard to the Minutes of the mcctings Mrs. Rhodes referred to. Council Member Moss spoke about a memorandum from the Texas Municipal Teague relative to the State starting to have cities collect their user fees. Council Member Hunt stated that Mr. Joe Newman, the representative from the State Controllers Office, had indicated that the RTA board has the authority to lower their one-half cent sales tax. He asked if the Council plans on pursuing reducing the one half cent sales tax from RPA and using the one-quarter cent for EMS service. Minutes Regular Council Meeting July 24, 1990 Page 7 Mayor Turner noted that it is the jurisdiction of the RPA and for the RTA to use the sales tax for EMS would require legislative action. City Manager Garza stated that the RTA does have the authority to assist the City if they choose; they have approached him about the possibilities of working with the City to assist with EMS; and he will pursue it. Discussion followed and it was noted that five RPA members will be considered soon for reappointment. Council Member Martin suggested that the RPA City appointePa make a presentation to the Council prior to the reappointment process to discuss EMS and budgetary and service issues. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Jack Solka, 501 Bermuda, conmiented about an issue regarding unlawful action by the City relative to the design construction bids to be received for the Hispanic Arts Center. He presented the Council with a summary sheet issued by the Attorney General and suggested canceling the request for bids. City Manager Garza stated that the Attorney General's opinion was received yesterday and he referred it to the City Attorney for review. He provided background information and explained that the City is not letting the contract. Discussion followed and Council Member Martin raised various questions which were responded to by Assistant City Manager Elizondo. Mr. Mark Patterson, 7142 Brookedge Lane, a representative of the Special Olympics for the Bailey Hoop Basketball Tournament, commented in regard to last year's tournament and this year's request for $3,100 worth of in-kind serviceq from the City. City Manager Garza provided background information and stated that there are no funds in the budget set aside for this request. He maintained that there has to be some kind of a process in advance by which these requests are handled. Malcolm Matthews, Director of Park and Recreation, reviewed the status of the request and stated that the City still offers the group $3,100 worth of servicing but that they would have to pay for the labor. Discussion followed relating to requests from other special events groups. Ms. Maggie Gibson, 13846 Gunwale, spoke in opposition to the one-half cent sales tax and the proposed wastewater increase. Mr. Leon Perez, 904 Buford, expressed opposition to Operation Clean City and suggested that the prisoners clean up the City. Minutes Regular Council Meeting July 24, 1990 Page 8 Mr. Jimmy Gill, 1265 Southern Minerals Road, =rented in regard to the one-half cent sales tax and comments made by Mayor Turner relative to the tax and the financing of the Continental maintenance facility. Mayor Turner clarified her statement about the financing and stated that Continental will be required to pay for the bonds and the City will secure them through the one-half cent sales tax. Council Member Martin stated that he supports Continental locating their facility in the City but he will not support backing those bonds with the sales tax. He pointed out that that issue has not been addressed by the Council. Mr. David Noyola commented in regard to Operation Clean City and expressed opposition to the one-half cent sales tax. Mr. John Mercado, a resident of the Lynnhaven Nursing Center, spoke in regard to the RTA and expressed opposition to the one-half cent sales tax. Mr. Ronald McGee, a resident on Claride Street in Flour Bluff, commented about the policy established by the Mayor in regard to berating and embarassing individuals during Council Meetings and expressed the opinion that the policy is unconstitutional. He expressed opposition to the Resolution regarding the Rules of Decorum for the Council Chamber. Mr. Raymond Wimberly, 806 Alden Drive, read a letter which he had previously sent to the Council in regard to the management analysis which is being conducted for the City. City Manager Garza stated that the Mercer Company reviewed all City departments but did not perform a specific review of the Wastewater Department because the City could not afford to review in detail all the City departments. Mr. Trian Serbu, 14310 Playa del Rey, spoke in opposition to the one-half cent sales tax. Mr. Jesse Hix, 2622 Segrest, commented in regard to Operation Clean City and the replacement of the palm trees in the City. Mr. Harold Hoppenrath, 338 Clifford, remarked about Operation Clean City and suggested that the prisoners be utilized to clean up the City. * * * * * * * * * * * * Mayor Turner commented about Council Member Hunt's statement in regard to questions raised regarding Assistant City Manager Utter's travel related expenses which have been answered to his satisfaction. She noted that Mr. Utter has stated that the statement is acceptable to him. Mayor Turner expressed the opinion that this matter should not be considered any longer. Minutes Regular Council Mooting July 24, 1990 Page 9 In response to Council Member Guerrero, Council Member Hunt read his letter and stated that it is not an apology but a statement. Mr. Hunt responded to questions raised by Council Member Guerrero and stated that as far as he is concerned, the matter is closed. Mr. Guerrero asked about the options which the City has with reference to the charter provisions that Mr. Hunt violated, and City Manager Garza reviewed the due process which should be followed before there could be a hearing by the Council or the matter is referred to the Ethics Commission. Mr. Guerrero inquired how long this matter could remain open before being referred to the Ethics Commission, and City Attorney George responded that he thought it is six months but he will verify that. City Manager Garza stated that he was informed by Council Member Hunt's attorney that Mr. Hunt's concerns were of a policy nature and not of a specific nature. He stated that if it is a matter of policy that Mr. Hunt is concerned with, the Council is there to set the policy. Mr. Hunt then read a prepared statement in regard to all the items which he had requested and stated that he did go through the proper channels on every one of his requests. Discussion followed and Council Member McComb suggested that this matter be considered in closed seasion. Council Member Guerrero made a motion died for lack of a second. reputation was publicly destroyed. continue to examine the allegations violated. motion to go into closed session. The He expressed concern because Mr. Utter's Mr. Guerrero avowed that he plans to to determine himself if the charter was Mayor Turner declared a short recess. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for the discussion of the 1990-91 Budget. City Manager Garza stated that before the budget presentation he would like to inform the Council that the City has received the certified appraisal roll from George Mott and it has come in over the estimate. He noted that he has received a letter from Judge Barnes, stating that the County has not yet made a decision to move forward with support of EMS. Mr. Garza stated that the RTA has approached him to work together on some long term solutions for FMS. Mr. Garza stated that staff has evaluated recommendations for capital projects against the needs of the operating budget and he is now recommending a Minutes Regular Council Meeting July 24, 1990 Page 10 program for FY 90-91 which calls for the sale of $12 million in general obligation bonds. Grace MCNett, Capital Budget Officer, reviewed the process in developing the recommendations for the capital improvements. She presented a slide presentation and identified the projects and the resources for funding the projects. Ms. McNett also reviewed various other projects which are not recommended in the bond sale. A question and answer period followed and the Council discussed and deliberated the capital improvement projects. Council Member Martin suggested that the City Manager be authorized when structuring the budget to include the funds necessary in the debt service fund to pay for a $12 million bond sale and that the Council subsequently have the discussion to decide exactly which projects should be included. A varied discussion followed on the proposed bond sale. Council Member Moss moved to approve the funding in the budget for a $12 million bond sale for capital improvements. The motion was seconded by Council Membe Guerrero and passed unanimously. Next followed a brief discussion on Operation Clean City and it was the consensus of the Council not to provide funding for Operation Clean City at this time. City Manager Garza recommended the replacement of the palm trees and that the City participate in funding the Teen Court and Festivals/Quincentenary Commission Program. Discussion ensued about the replacement of the palm trees and funding the Festivals and Quincentenary Commission Program. A motion was made by Council Member Martin that the Council approve the recommendation on the Elderly Nutrition Program and the Teen Court, and that the allocation for tree replacement be included in the budget with the decision on the type of trees to be planted to be made at a later date following consultations with local nursery personnel. The motion was seconded by Council Member Guerrero. Council Member Galindo asked for a further explanation of the Teen Court, and Police Chief Henry Garrett described the highlights of the program which focuses on punishment which requires cammuiity work for teenagers. He also stated that in some instances, the parents of the teenagers are required to also participate in community work. Council Member Martin's motion passed unanimously. Minutes Regular Council Meeting July 24, 1990 Page 11 A motion was made by Council Member Guerrero that the meeting be adjourned; seconded by Council Member Hunt; and failed to pans by the following vote: Guerrero, Hunt, Moss and Schwing voting "Aye"; 'Varner, Galindo, Martin, McComb, and Rhodes voting "No." City Manager Garza informed the Council that the Arts Council and the Municipal Arts commission have withdrawn their request and are prepared to deal with the funding they have. City Manager Garza also stated that salary increases will be delayed until the Operations Analysis has been completed, but that funds for increases will be in the budget pending the outcome of the report. He informed the Council that he expects the report to be completed within the next two weeks. City Manager Garza reviewed the status of the budget at this point, stating that the allocation for the City Hall telephone system has been removed until the lawsuit against the corny that installed the current system has been resolved, which might require two years. He also noted that the funding for the festivals has been deleted as well. Mayor Turner expressed the need for the festival funding and urged that some funds be included in the budget for this purpose. Council Member Rhodes stated that she was of the opinion that if $80,000 is included for festivals, etc., the allocation for the Corpus Christi Area Convention and Visitors Bureau should be reduced by a like amount. City Manager Garza stated that he recommends support of financial assistance for the Quincentennial events as requested by the Quincentenary Commission because this would just be a one-time, self-supporting event. Council Member Rhodes expressed the opinion that the Library staff should be expanded as well as funding for a staff for festivals and the Quincentenary activities, stating that her priority was for additional staff for the r.1hrary. City Manager Garza stated that he intends to approach the Convention and Visitors Bureau to be sure that assistance for the festivals continues. Discussion followed as to when the Council would consider other requests, and Council Member Martin suggested that a workshop be conducted Monday so that the ordinance adopting the budget can be prepared for adoption on Tuesday, July 31. Council Member Martin stated that the problem that he has with the festival idea is that it would involve hiring new people. He pointed out that such an employee would have very little to do when a festival is not in progress He suggested that this be accomplished with contract forces, emphasizing the fact that he objected to hiring staff just for that purpose. Mr. Martin then referred to the Capital Outlay items and requested a copy of the list. Minutes Regular Council Meeting July 24, 1990 Page 12 City Manager Garza explained that he had submitted a list earlier, but a supplemental list had subsequently been prepared and the Council has not voted on those items. The City Manager then reviewed the various items that have either been approved or deleted, as follows: (1) Deletion of City Hall telephone system: (2) Deletion of funding for MAC/Arts Council: (3) Transfer of $300,000 to EMS from reserve appropriation (4) Transfer &um reserve appropriation for a 3% salary increase with use to be determined later - $86,000 - $20,000 (no effect) (5) $80,582 for Quincentenary/Festival Program (not approved yet) (6) Tcen Court (no effect) Council Member Martin asked for the exact status at this point, and City Manager Garza summarized by stating that $543,750 of Capital Outlay has born added to the budget since the first submission. Discussion followed in regard to the reduction of the fund balance, and Council Member Martin noted that the City will have a fund balance of $1 million and $1.6 million in reserve appropriation for a total of $2.6 million. In response to a question posed by Council Member Galindo, City Manager Garza reviewed some of the items to be included in the bond sale and also mentioned positions that were not included because of lack of funds. Mayor Turner informed the City Manager that she had received many calls on the genealogy program at the Library and irquired if it could possibly be funded. City Manager Garza explained that the additional expense for the Library was not in his recommendation. Council Member McComb suggested that a committee of Council Members be appointed to accompany City Manager Garza to discuss the funding for EMS with the County. He pointed out that if the County does not pay $800,000 for their portion of EMS, the money set aside for employees' salary increases would have to be deleted.' Further discussion followed on the Library requests, and City Manager Garza stated that the children's librarian would cost $17,000 and the genealogy program would require $31,000. Minutes Regular Council Mecting July 24, 1990 Page 13 A motion was made by Council Member Rhodes that the children's librarian position be added to the budget, and it was seconded by Council Member Martin. Council Member McComb stated that he did not think that any personnel should be added until the management study has been completed and mentioned that there could be a recommendation that some positions be deleted, and if so, the children's librarian position could be added at that time. Mayor Turner called for a vote on Council Member Rhodes' motion and it passed by the following vote: Turner, Schwing, Hunt, Martin, McComb, Moss and Rhodes voting "Aye"; Galindo voting "No"; Guerrero absent at the time the vote was taken. Council Member Galindo expressed concern, and City Manager Garza stated that the position would not be filled until after the study has been completed. A motion was made by Council Member Rhodes to authorize the position of the local historian. The motion failed for lack of a second. Reference was made to the list of additional proposed Capital Outlay items for unmet needs. Council Member Rhodes expressed the opinion that the five self-contained breathing devirns listed under Fire Department was absolutely essential for the safety of Fire personnel. City Manager Garza suggested consideration of the City Secretary's request for funds for a centralized records retention and retrieval system, but Council Member Rhodes expressed the opinion that the breathing masks for the Fire Department was more important. Fire Chief J. J. Adame addressed the Council and assured them that his department has enough breathing apparatus units for every firefighter, with some for backup. City Manager Garza stated that if funds were available, he would like to include all items on the list. A motion was made by Council Member Guerrero that the meeting be adjourned and that a workshop meeting be scheduled for Thursday from 3 to 7 p.m. The motion died for lack of a second. Council Member Rhodes inquired of the City Manager if he had sufficient information to complete the budget, and he replied that he thought he had everything he needed. The Regular Council Meeting was adjourned at 6:25 p.m., July 24, 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 July 24, 1990 which were approved by the City Council on July 31, 1990. WITNESSETH MY HAND AND SEAL, this the P2 y h day of August, 1990. �e �C Betty Tur51; Mayor ML ^5; (14 '- Armando Chapa City Secretary