HomeMy WebLinkAboutMinutes City Council - 09/25/1990CITY OF OORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 25, 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 Cezar Galindo following
which the Pledge of Allegiance to the Flag of the United StatPs was led by
Council Member Tom Hunt.
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 September 18, 1990, and there being no corrections or additions, she
proclaimed them approved as presented.
Representatives of Bayfest, 1990 presented t -shirts to the Council and
invited them to the Bayfest celebration.
Individuals affiliated with the Northwest Business Association invited the
Council to a party on Monday evening, October 1st, from 5 to 7 p.m.
Mayor Turner administered the Oath of Office to the following newly
appointed Board and Committee member: Yvonne Hinojosa - Human Relations
Commission.
Mayor Turner referred to the Board and Committee appointments and the
resulting appointments were made by the Council: (M90-247)
* Mayor Pro Tem Schwing arrived at 2:15 p.m.
MICROFILMED
Minutes
Regular Council Mecting
September 25, 1990
Page 2
C.C. Regional Transportation Authority Human Relations Commission
Abel Alonzo
Oil & Gas Advisory Committee
J. C. Gallagher
Kendall Ann Snouffer
Park & Recreation Advisory Committee
Janette Hallmark - Reappointed
Jack Ratkovic -
Roger Garrison
Manuel Flores
Augustine Ruiz
Bill Hall
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions,
ordinances, and ordinances from previous meetings on Items 1 thru 12.
Council Members requested that Items 3, 9, and 12 be withheld for
discussion, and City Manager Garza announced that Item 7 will be withheld until
after the closed session.
There were no questions from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
1. M90-248
Motion approving the purchase of four Econolite controllers in accordance
with Bid Invitation No. BI -0413-90 from Traffic Signals, Inc., Edmond,
Oklahoma for the total of $22,830 based on sole source. The controllers
will be used by Traffic Engineering for traffic signal capital improvement
projects on the Ocean Drive closed loop signal system.
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye."
2. M90-249
Motion awarding a contract in the amount of $687,021.50 to R.S. Black Civil
Engineers & Contractors to convert the Laguna Shores Wastewater Treatment
Plant to a lift station facility.
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye."
4. M90-251
M1nutPC
Regular Council Meeting
September 25, 1990
Page 3
Motion recommending the City's insured policies be renewed through W.L.
Dinn & Company at an estimated annual premium of $215,638. Three insured
policies include a blanket buildings and contents policy, a flood insurance
policy, an excess flood insurance policy, a boiler and machinery policy, an
employee dishonesty blanket bond and an electronic equipment policy.
Monies for the estimated insurance premiums are available in the City's
Self -Insurance Fund.
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye."
5. M90-252
Motion authorizing the City Manager or his designee to submit an
application and to execute all necessary documents with the al -Instal Bend
Council of Governments for continuation of the Homemaker I Program during
the year beginning October 1, 1990. The contract contains a budget which
includes $25,501 in Older Americans' Act funds, $1,962 in City funds, and
$872 projected donations from program clients for a total grant budget of
$28,835. The required City matching funds are included in this year's
budget.
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye."
6. M90-253
Motion authorizing the City Manager or his designee to submit an
application and to execute all necessary documents with Cnastal Bend
Council of Governments for the continuation of the Elderly Nutrition
Program during the year beginning October 1, 1990. The contract contains a
budget which includes $434,766 in Older Americans' Act funds, $85,778 in
USDA Cash in Lieu of Connodity funds, $21,968 in Omnibus Hunger Act funds,
$215,080 in City funds, $14,356 in local non-cash in-kind, and $32,000 in
projected donations from our program participants for a total grant budget
of $803,948. The required City matching funds are included in this year's
budget.
The foregoing motion pasood by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye."
8. M90-255
Motion authorizing the Staff to negotiate an amendment to the contract with
Naismith Engineers and HDR Engineering for servirPs related to the Westside
Landfill closure plan and to negotiate a fee for the third phase of the
Solid Waste Management Study; and authorizing the City Manager to apply
jointly with the Coastal Bend Council of Governments for a grant to develop
a Regional Solid Waste Disposal Plan.
Minutes
Regular Council Meeting
September 25, 1990
Page 4
The foregoing motion passed by the following vote: Turner, Sdhwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye."
10. SECOND READING
AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 4 TO FEDERAL
AVIATION ADMINISTRATION LEASE WP-FA76SW-1197 70 COMPLETE IMPROVEMENTS TO
THEIR LEASED SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING
FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote:
Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes
voting, "Aye."
11. SECOND READING
AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LEASE FROM VAN DUSEN AIRPORT
SERVICES, L.P. TO PAGE AVuta' AIRPORT SERVICES, INC. AND THE EXECUTION OF A
LETTER OF INTENT TO ASSIGN, SUBJECT TO ASSIGNMENT APPROVAL ON FIRST
READING; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote:
Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes
voting, "Aye."
* * * * * * * * * * * * *
Relative to questions raised by Council Member Martin on Item 3,
Yorktown/Rodd Field Water System Improvements, City Manager Garza responded that
the improvements will expand the area for development and are a component of the
Capital Improvements Program.
Carl Crull, Director of Engineering Services, explained the project and
elaborated on the funding.
Council Member Martin expressed concern that the City is paying for the
water line, and City Manager Garza stated that the developer would normally pay
for this cost but the City is funding it because it was a part of the annexation
proeass.
Following a short discussion, Deputy City Manager Jesus Garza summarized a
series of events in regard to these improvements.
Pertaining to Item 9, City Manager Garza pointed out that this item
consists of two ordinances, a lease agreement from Loma Enterprises, Inc. to
Centriz of North America, Inc., and a short-term lease agreement with Centriz
North America, Inc., for operation of a rental ear service at the Corpus Christi
International Airport.
Minutes
Regular Council Meeting
September 25, 1990
Page 5
In regard to Item 12, farming lease agreement with John H. Kelly, Council
Member Hunt inquired if these leases are negotiated or put out for bids, and
City Manager Garza responded that the leases are put out for bid but if the City
has a tenant, the lease would be extended.
There were no questions fioth the audience on Items 3, 9, or 12.
City Secretary thapa polled the Council for their votes and the following
items were passed:
3. M90-250
Motion awarding a contract in the amount of $152,587.50 to Backhoe mase
Service, Inc. to construct a 12 -inch waterline in Yorktown Boulevard from
West Logan to Rodd Field Road and in Rodd Field Road from Yorktown to
County Road 26A.
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, McComb and Moss voting, "Aye"; Martin and Rhodes
voting, "No."
9a. ORDINANCE NO. 20991
AUTHORIZING THE EXECUTION OF A SHORT-TERM LEASE AGREEMENT WITH CENTRIZ OF
NORTH AMERICA, INC. FOR OPERATION OF A RENT -A -CAR FACILITY AT CORPUS
CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb,
Moss and Rhodes voting, "Aye."
9b. FIRST READING
AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LEASE AGREEMENT WITH CENTRIZ
OF NORTH AMERICA, INC. FOR OPERATION OF A RENT -A -CAR FACILITY AT CORPUS
CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote:
Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes
voting, "Aye."
12. ORDINANCE NO. 20992
AUTHORIZING THE EXECUTION OF A FARMING LEASE AGREEMENT WITH JOHN H. KELLY
AND/OR JAMES P. KELLY FOR A PARCEL OF LAND ON CORPUS CHRISTI INTERNATIONAL
AIRPORT; APPROVING A RENTAL FEL OF EITHER A DESIGNATED DOLLAR PORTION OF
THE CROP HARVESTED FROM THE ACREAGE ORA GUARANTEE $20/ACRE PER CROP YEAR,
WHICHEVER IS GREATER; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on third reading by the following vote:
Minutes
Regular Council Meeting
September 25, 1990
Page 6
Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes
voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item 13 in regard to amending the
City Code as it pertains to absences of more than 25 percent at meetings of
Boards/Committees.
Council Member Rhodes expressed opposition to this item.
Council Member McComb suggested additional language in the ordinance in
regard to setting a limit for absenrps not to exceed three meetings.
City Secretary Chapa elaborated on the recommmendation to amend the City
Code of Ordinances, Article IV, SeeLion 2-61, Meetings - Absences, to change
"Absences from more than 25 percent of regularly scheduled meetings during a
term year," to "unexcuced absences " Mr. Chapa commented about the ruling in
regard to absences.
Council Member McComb made a motion that the unexcused absences not exceed
three per term. The motion was zoconded by Council Member Moss.
Discussion ensued and Mr. Chapa explained that the current procedure is
time-consuming for staff and Council Members; therefore, it may be more feasible
to allow the Board or Commission to determine if an individual's absence should
be excused or not. He stated that the Board and Commission members who are more
familiar with their fellow members should be able to determine the validity of
excuses for absenres. Mr. Chapa recommended that the ordinance be amended to
allow for excused absences as granted by a majority of the members of the
affected Board or Commission.
Council Member McComb withdrew his motion and Council Member Moss withdrew
his cocond.
There were no comments from the audience on Item 13.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
13. ORDINANCE NO. 20993
AMENDING THE CODE OF ORDINANCES, SECTION 2-61, REGARDING ABSENCES FROM
BOARD, COMNECTPEE AND CONMIISSION MEETINGS, AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Schwing, Galindo, Guerrero, Hunt, McComb and Moss
voting, "Aye"; Martin and Rhodes voting, "No."
* * * * * * * * * * * *
Minutes
Regular Council Meeting
September 25, 1990
Page 7
Relative to Item 14, amending the City Code pertaining to the limitation of
six years of consecutive service on Boards/Coamitteas, City Secretary Chapa
provided background information, indicating that a recent ruling by the City's
Legal Department prohibits reappointment of Board, Committee, and Commission
members if the term of the board to which they are to be reappointed extends
beyond six years of continuous service.
Mr. Chapa continued by stating that he recommends that the ordinance
allow for partial terms up to the six years that would remain within the policy
in conformity with the City Charter. He pointed out that there is a stipulation
in the ordinance that those Boards and Commissions which are mandated by State
law would not be covered under this particular ordinance, such as the Civil
Service Commission and the Board of Adjustment.
There were no comments from the Council or audience on Item 14.
City Secretary Chapa polled the Council for their votes and the following
ordinance passed:
14. ORDINANCE NO. 20994
AMENDING THE CODE OF ORDINANCES, SECTION 2-67, REGARDING LIMITATION ON
SERVICE ON BOARDS, COMNIITTEFS, AND COMMISSIONS, AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance pascal by the
following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb,
Moss and Rhodes voting, "Aye."
* * * * * * * * * * * * *
Item 15, ordinance ceding ETJ to Port Aransas, Mr. Fred Heldenfels, 5429
Chevy Chase, spoke on behalf of the Chamber of Commerce in support of this
ordinance.
Council Member McComb commented about the development of a golf course by
Port Aransas and suggested that construction should begin on the golf course
within twelve months of the passage of the ordinance or the land would revert
back to the City of Corpus Christi. He made a motion to amend the ordinance
that as a part of the contract, construction of the golf course begin within
that twelve-month period. The motion was seconded by Council Member Galindo and
failed to pass by the following vote: Schwing, Galindo, McComb, and Rhodes
voting, "Aye"; Turner, Guerrero, Hunt, Martin and Moss voting, "No."
Mr. Gordon Beck, City Manager of Port Aransas, spoke on the issue of the
golf course, stating that it will be a municipal golf course; the financing is
arranged; and he has been directed to perform a feasibility study and a
development plan
Minutes
Regular Council Meeting
September 25, 1990
Page 8
Differing viewpoints were discussed concerning the recommendation made by
City Manager Garza at last week's Council Meeting relative to the insertion of
additional language on Page 3, Section III of the agreement.
City Secretary Chapa pointed out that although the recommendation was
presented by the City Manager, it was not voted on and the ordinance which was
passed last week did not contain the recommended language. Mr. Chapa advised
that to follow proper procedure, a motion should be made by the Council to
insert the language.
Consequently, after more discussion, a motion was made by Council Member
Guerrero to amend Section III on Page 3 of the agreement to read as follows:
The City of Port Aransas herein affirms that this Cession Agreement, when
completed, insofar as they now know or believe, shall be the final Cession
Agreement from the City of Corpus Christi." The motion was seconded by Council
Member Moss and passed by the following vote: Turner, Schwing, Guerrero, Hunt,
Martin and Moss voting, "Aye": Galindo, McComb and Rhodes voting, "No."
Council Member Hunt commented on the issue of the golf course and expressed
the opinion that the City voted to let Port Aransas have the ETJ and they should
be able to develop the land; but in regard to setting a time limit, it should be
their responsibility.
Due to the varying impressions discussed earlier, Council Member Rhodes
suggested that unless the City Manager is given instruction by five or more
Council Members, in public during a Council Meeting, he should not make any
assumptions unless there is an actual vote.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed on second reading.
15. SECOND READING
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS C RIsiu. In THE CITY OF PORT
ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN THE CAIN
TRACT OF LAND, MAP OF THE SAME, MARKED EXHIBIT "A", BFTNG ATTACHED HERETO,
WITHIN THE EXIRATERR[1ORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, AS
DEFINED BY SECTION 42.023 OF THE TEXAS LOCAL GOVERNMENT CODE, BY WRITTEN
AGREEMENT, MARKED EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND
PROVIDING SEVERABILITY.
The foregoing ordinance passed on second reading, as amended, by the
following vote: Turner, Schwing, Guerrero, Hunt, Martin and Moss voting,
"Aye"; Galindo, McComb and Rhodes voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
Minutes
Regular Council Meeting
September 25, 1990
Page 9
City Manager Garza informed the Council that he will soon schedule a
dedication ceremony for the new offices of the Water Department.
He spoke about a future relocation by the Traffic Engineering Field Crew
Department, now located near the bayfront, to new facilities at the Water
Department.
Mr. Garza announced that beginning on October 1st, the collections area in
City Hall will be open at 7:30 a.m. until 5:30 p.m. for the convenience of the
public.
Mr. Garza stated that staff has met with the Padre Island Property Owners
Association; staff is aware of their concerns; and staff is working with them
relative to the flood elevations. A short discussion followed in regard to this
matter.
Mayor Turner informed the Council that the Buccaneer Commission's Red
Carpet Committee is anxious to become more active in the community. She advised
the Council to contact her office if they would like a reception for an
important guest that would merit a red carpet treatment.
Mayor Turner called for reports from the Council.
Council Member Moss inquired about the reimbursement on the building
insurance coverage for the last few years, and City Manager Garza indicated that
he will provide that information to the Council.
Mr. Moss asked about plans to expand the City's recycling program, and City
Manager Garza provided an update on the number of collection points. He
indicated that he will provide the Council with a schedule on a City-wide
recycling program.
In regard to Item 1 which was already approved, Mr. Moss asked when the
traffic signal controllers will be installed and working, and City Manager Garza
responded that he will provide the Council with a schedule.
Council Member McComb inquired if a City program is available in regard to
agricultural law interest loans relative to the drought in this area, and City
Manager Garza responded that he will check into this matter.
Council Member Hunt inquired about the status of the rarcels of land in
connection with the purchase of the new police building, and City Manager Garza
replied that topic is on the list of items to be discussed by the Council.
In regard to a question raised by Council Member Hunt, City Secretary Chapa
responded that there is an orientation manual that is provided to every new
Board and Committee appointee which contains the Ethics Ordinance.
MinutPC
Regular Council Meeting
September 25, 1990
Page 10
Mr. Hunt inquired about the status of the southside plant, and City Manager
Garza responded that in the near future, he will discuss this situation with the
Council.
Council Member Galindo inquired about the status of the belt supports, and
Senior Assistant to the City Manager Duran reported that over a ninety -day
period, there were no injuries to employees utilizing the belt supports.
Council Member Guerrero requested that he be provided an equation in regard
to water rates as they equate to the sewage rates.
* * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. J. E. O'Brien, 4130 Pompano, inquired if there are plans to reimburse
the Utility Fund.
Mr. Philip Rosenstein, 949 Dobalo, commented about recycling and cited drop
off placers for newspapers.
The Council went into closed session pursuant to Article 6252-17, Section
2, Subsection (e), V.A.C.S. to discuss the Boys' Club investigation with the
City's attorney.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting and called for consideration of
Item 7.
In regard to the hiring of an independent counsel to continue an
investigation relative to the incident with the Boys Club and the Community
Development Block Grant Funds and other related matters, Council Member Martin
made the following motion: 1. authorize the City Manager to engage Ben Donnell
to act as an independent counsel to the City Manager and to the City Council in
matters that may have arisen as part of this series of indictments associated
with the Boys Club and ongoing matters related to it; 2. that the City Manager
request that the appropriate office of the Department of Housing and Urban
Development review the incident and any other related matters regarding the
expenditure of housing community development block grant funds they deem
appropriate at the Council's invitation; 3. that an invitation be extended on
behalf of the Council for the Assistant Attorney General or an appropriate
individual to meet with the Council in closed meeting to bring the Council up to
date on those items not related to the indictment that occurred as a result of
the sixteen -month investigation that they conducted so that the City could be
clear on what direction should be taken. The motion was seconded by Council
Member Guerrero.
Minutes
Regular Council Meeting
September 25, 1990
Page 11
Council Member Rhodes supported the motion but clarified that the Council
is not authorizing a three to six-month investigation.
The motion passed with Hunt abstaining. (1490-254)
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Turner
adjourned the Council Meeting at 4:25 p.m. on September 25, 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 September 25, 1990 which
were approved by the City Council on October 2, 1990.
WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991.
4.9 eir
Armando Chapa
City Secretary
Betty Turn&
Mayor
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