HomeMy WebLinkAboutMinutes City Council - 11/20/1990MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 20, 1990
2 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Edward Martin
Council Members:
Leo Guerrero *
Torn Hunt
Joe McComb
Clif Moss
Mary Rhodes
Absent
Cezar Galindo
Frank Schwing
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 Dr. Jack Keenon, pastor of South Shores Christian
Church, following which the Pledge of Allegiance to the United States was led by Council
Member Clif Moss.
Prior to calling the roll, Assistant City Secretary Dorothy Zahn informed the Council
that City Secretary Chapa would be late in arriving at the meeting. Ms. Zahn then called the
roll and verified that the necessary 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
November 13, 1990, and Special Council Meeting of November 15, 1990. She noted a
correction of a vote on Page 11 of the Minutes of the Regular Council Meeting of November
13, 1990. There being no additional corrections or additions, Mayor Turner declared the
Minutes approved as presented.
Dr. Nina Sisley, Director of the Health Department and Chairperson of the Coastal
Bend Chapter of the American Red Cross, presented a Certificate of Merit Award to Mr.
Michael Callihan for saving the life of another human being.
MICROFILMED
Minutes
Regular Council Meeting
November 20, 1990
Page 2
* Council Member Guerrero arrived at the meeting at 2:05 p.m.
City Manager Garza announced that the City's Finance Department has received a
Certificate of Achievement Award for Excellence in Financial Reporting. He recognized Jorge
Garza, Director of Finance, who introduced individuals in the Finance Department.
************
*
Mayor Turner called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 1 thru 9, and Council Members requested that
Items 2, 3, 4, 5 and 9 be withheld for discussion.
There were no comments from the audience on the other items.
Assistant City Secretary Zahn polled the Council for their votes and the following were
approved:
1. M90-301
Motion approving a supply agreement for automotive and commercial batteries in
accordance with Bid invitation No. BI -0401-90 with Interstate Battery System of C.C.,
Corpus Christi, Texas, based on low bid and low bid meeting specifications for a total
of $38,412.39. The term of the contract 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. These batteries will be used by Maintenance Services
and the Fire Department.
The foregoing motion passed by the following vote: Turner, Martin, Guerrero, Hunt,
McComb, Moss and Rhodes voting, "Aye'; Galindo and Schwing absent.
6. ORDINANCE NO.21027
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE
FOLLOWING STREETS: Surfside Timon and Burleson Street Improvements - 1.
Surfside Boulevard, from Elm Street to Breaker Place, 2. Timon Boulevard, from Elm
Street to Burlseon Street, 3. Burleson Street, from Surfside Boulevard to U.S. 181
Frontage Road, and 4. U.S. 181 On -Ramp, from Timon Boulevard to U.S. 181 Frontage
Road - FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT
ROLL; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following vote:
Turner, Martin, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Galindo
and Schwing absent.
7. M90-305
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Regular Council Meeting
November 20, 1990
Page 3
Motion awarding a contract in the amount of $880,326 to Haas Paving Company, Inc.
for the Surfside/Timon Street Improvements Project.
The foregoing motion passed by the following vote: Turner, Martin, Guerrero, Hunt,
McComb, Moss and Rhodes voting, "Aye"; Galindo and Schwing absent.
8. ORDINANCE NO. 21028
AUTHORIZING THE EXECUTION OF AN INTERIM LEASE AGREEMENT
WITH CRESCENT AIRWAYS, INC. FOR THE LEASE OF PROPERTY AT
CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following vote:
Turner, Martin, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Galindo
and Schwing absent.
* * * * * * * * * * *
*
*
Relative to Item 2, approving supply agreements for office supplies, Council Member
Moss questioned the exorbitant amounts of supplies, and City Manager Garza responded that
it is a concern of the staff and they are in the process of tracking the orders.
On Item 3, Broadway Bluff irrigation improvements, Council Member Moss expressed
concern that his statements about not awarding this contract to a local bidder were not
mentioned in the support material.
City Manager Garza offered an explanation about why this contract could not be
awarded to the local bidder. He explained the law concerning bid items, and with respect to
Mr. Moss' concerns, Mr. Garza stated that had neglected to forward the legal opion to the
Council.
Discussion followed and in response to a question from Mayor Turner, Mr. Garza
responded that if there is a valid service -related reason that the City can qualify a local bidder
as a best bid, then it should be done.
Because of a concern by Council Member McComb in regard to the location of the
sprinkler head, Mr. Garza responded that he did not know the specific position of the sprinkler
head on this system.
On Item 4, issuance of a horse-drawn carriage service permit, Council Member Moss
expressed the opinion that he is opposed to this service, stating that the downtown area is a
heavy traffic area; there are high-speed automobiles; and the service is inhumane to animals.
Council Member Hunt concurred with Council Member Moss.
Minutes
Regular Council Meeting
November 20, 1990
Page 4
On Item 5, Stonehenge Subdivision, Unit 1, Mr. Garza explained that this payment
includes a reimbursement for work done in accordance with the City's platting requirements.
He stated that there is a question that taxes are owed by Tri-Star. He verified that the
payment to Tri-Star does not involve City dollars, but money in a trust fund created to
reimburse developers for work done. Mr. Garza explained that state law gives cities the
option of withholding funds when delinquent taxes are owed, but a City must pass an
ordinance stating that it will exercise that right and Corpus Christi does not have such an
ordinance. He stated that consideration was given five years ago to enacting the necessary
ordinance, but no action was taken. He pointed out that in the last year, the responsibility
for collecting all property taxes has been transferred to the county.
Several Council Members questioned whether any other option was available, and Mr.
Garza responded that the City was legally bound to make the payment. He stated that he has
been informed that the tax collector/assessor is working with Tri-Star on tax collections and
payments are now being made.
Mr. Jesse Hix, 2622 Segrest, inquired about the owner of Tri-Star Industries, and City
Manager Garza responded that he does not know the specifics but Bill Pruet, a former Council
Member, is one of the principles. Mr. Hix informed the Council that Tri-Star Development
is $19,813.38 delinquent in county and City taxes.
Discussion ensued and because of concerns expressed by Council Members, Mr. Garza
stressed that these are private funds for which the City is a trustee and they are required to
reimburse the developer. Mr. Garza reiterated that it is not tax money.
Relative to concerns expressed by Council Member Moss on Item 9, public health
grants, City Manager Garza provided background information and gave a general overview of
the shared responsibility for administration of the City -County Health Department. Mr. Moss
expressed the need to expedite the consolidation of the Health Department by contract with
the state, county, and City to allow the City to operate the department. Mr. Garza assured
the Council that staff is working on that; however, he cautioned that there was a cost involved
in that.
Assistant City Secretary Zahn polled the Council for their votes and the following were
passed:
2. M90-302
Motion approving supply agreements for office supplies in accordance with Bid
Invitation No. BI -0251-90 with the following companies for the following amounts based
on low bid, low bid meeting specifications and best bid for an estimated annual
expenditure of $55,255.52. 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 stored in the
.Minutes
Regular Council Meeting
November 20, 1990
Page 5
Warehouse and used by various departments throughout the City.
budgeted in FY 90-91.
Schendel/Raley
Corpus Christi, TX
$32,322.56
(Subject to Price Adjustment)
Texas Office Supply Co.
Corpus Christi, TX
$17,260.03
(Subject to Price
Adjustment)
General Binding Corp.
Stafford, TX
$965.80
Grand Total: $55,255.52
Leslie Alan Co.
Corpus Christi. TX
$489.33
Funds have been
Computer Express
Discount Computer Supplies
Corpus Christi TX
$4,217.80
The foregoing motion passed by the following vote: Turner, Martin, Guerrero, Hunt,
McComb, Moss and Rhodes voting, "Aye'; Galindo and Schwing absent.
3. M90-303
Motion awarding a contract to SISCO-BRICE Enterprises in the amount of $42,255 for
construction of irrigation improvements along the Broadway Bluff.
The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, McComb,
Moss and Rhodes voting, "Aye'; Martin voting, "No"; Galindo and Schwing absent.
4. M90-304
Motion authorizing the issuance of a three-year HORSE-DRAWN CARRIAGE
SERVICE PERMIT for the continued transportation service operation by Royal
Carriage Co., Inc., under the new ownership of Charlie and Cindy Stone.
The foregoing motion passed by the following vote: Turner, Martin, Guerrero, Hunt,
McComb and Rhodes voting, "Aye"; Moss voting, "No"; Galindo and Schwing absent.
5. RESOLUTION NO. 21026
APPROVING THE REIMBURSEMENT APPLICATION SUBMITTED BY TRI -
STAR DEVELOPMENT, INC., OWNER AND DEVELOPER OF STONEHENGE
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Regular Council Meeting
November 20, 1990
Page 6
SUBDIVISION, UNIT 1, LOT 1, BLOCK 1, FOR THE INSTALLATION OF 810
FEET OF 12 -INCH WATER GRID MAIN; AND APPROPRIATING $20,887.25.
The foregoing resolution passed by the following vote: Turner, Martin, Guerrero,
Hunt, McComb, Moss and Rhodes voting, "Aye": Galindo and Schwing absent.
9. ORDINANCE NO. 21029
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE TEXAS
DEPARTMENT OF HEALTH FOR FUNDING OF THE CITY -COUNTY HEALTH
DEPARTMENT FROM VARIOUS STATE AND FEDERAL FUNDING SOURCES;
APPROPRIATING $167,580; AMENDING THE 1990-91 BUDGET TO ADD
THREE POSITIONS IN THE HEALTH DEPARTMENT; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following vote:
Turner, Martin, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye'; Galindo
and Schwing absent.
Mayor Turner called for consideration of the following zoning application which had
first been discussed on November 16, 1990:
10. Case No. 990-4, 5333 Everhart, Inc.: For a change of zoning from "B -l" Neighborhood
Business District to "B-4" General Business District on Lot 31, Block 6, Stonegate North
Unit 3, located at the north corner of Everhart Road and Curtis Clark Drive.
Mayor Turner stated that the Planning Commission and Planning Staff recommend
denial of the application.
Brandol Harvey, Director of Planning, provided background information and elaborated
on the reasons for the recommendation of denial by the Planning Commission and staff.
He stated that the applicant is requesting a "B-4" General Business District in order to install
a freestanding sign that is larger than permitted in the existing "B -l" Neighborhood Business
District. Mr. Harvey discussed the purpose of the request and identified the adjacent zoning
and adjacent land use.
Michael Gunning, a City Planner, displayed slides of the property and surrounding area.
Mr. Bob Thorpe, an attorney for the applicant, 5926 South Staples, discussed the
request for the special use permit. He displayed photographs of the proposed sign and stated
that the reason for the request is to allow First Community Bank to install a sign that is larger
than "B-1" zoning allows. He stated that the purpose for the larger sign is to improve the
visibility of the bank and to identify its location.
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Regular Council Meeting
November 20, 1990
Page 7
Council Member Rhodes stressed that during the Planning Commission meeting, staff
felt that the signage allowed under the existing zoning was adequate and to recommend
anything exceeding that which is allowed in the "B-1" District would generate additional
requests.
Following a broad discussion dealing with the size of the sign and other signage in the
area, Mayor Pro Tem Martin expressed concern that the applicant's representative at the
Planning Commission Meeting intimated that the bank would like their sign seen from the
expressway. Mr. Martin noted that it is a new business and the Council should try and work
out some kind of a compromise relative to the signage.
Council Member McComb made a motion to table the application for thirty days so
that the applicant could work with staff to reach an agreement with respect to a reduced sign
which is acceptable to both parties. The motion was seconded by Council Member Moss.
Council Member Rhodes expressed concern because the Planning Commission and
Planning Staff have already denied the application. She noted that a precedent could be set
and other businesses would apply for larger signs.
Mr. Harvey pointed out that when the applicant presented his proposal, they were not
willing to consider anything else.
The motion and second were withdrawn.
Council Member McComb made a motion to close the public hearing; seconded by
Council Member Moss and passed unanimously by those present and voting.
Council Member Rhodes made a motion to concur with the recommendation of the
Planning Commission and staff to deny the zoning request. The motion was seconded by
Council Member McComb and passed by the following vote: Turner, Guerrero, Hunt,
McComb, Moss and Rhodes voting, "Aye"; Martin voting, "No"; Galindo and Schwing absent.
A brief informational report was received from Mayor Turner on an Urban Summit
Meeting which she attended in New York City. She noted that one item which was discussed
was to request Congress to consider adopting "competitive city legislation for 1991" in regard
to incentive ideas for encouraging investment in cities. She suggested that if the Council had
any recommendations that they would like included in the Legislation to submit them in writing
to her office.
The Council then discussed canceling the Council Meetings which fall on Christmas and
New Year's Day. After some discussion, a motion was made to not hold a meeting the week
of Christmas and to schedule a meeting on January 2, 1991. The motion was seconded by
Council Member Rhodes and passed by the following vote: Turner, Martin, Hunt, McComb,
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Regular Council Meeting
November 20, 1990
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Moss and Rhodes voting, "Aye'; Guerrero voting, "No"; Galindo and Schwing absent. (M90-
306)
City Manager Garza informed the Council that staff is prepared to move into the
dispatch area of the new police facility on December 2. After a brief discussion, it was the
consensus of the Council to tour the facility at 12 noon, lunch included, prior to next week's
Council Meeting.
Mayor Turner called for reports from the Council.
Council Member Moss commented about the palm trees, and City Manager Garza
replied that staff does not want to plant the palm trees before the winter but wishes to plant
them in the spring to allow them to gather strength during the summer. He stated that it is
planned to use the City's stock of palm trees in the replacement program in the spring.
Mr. Moss inquired about his request in regard to recycling stations at neighborhood
collection centers such as fire stations, and City Manager Garza noted that staff has been
working on a program for a City-wide recycling program. In response to Mr. Moss's request,
Mr. Garza will provide him with an answer in regard to the question of recycling stations at
fire stations.
Council Member Rhodes raised questions about funding for new projects and
scheduling a bond election in April. After a short conversation, Mrs. Rhodes intimated that
she will talk to the City Manager personally about this issue so that he will have a clear
understanding of what she is referring to.
In regard to the issue of the EMS, Council Member McComb suggested that the
Council pass another resolution which would be a public statement on behalf of the Council,
stating that they are interested in taking steps to address other needs. Mr. McComb stated
that if no one has any objection he will work with the City Manager to draft the resolution.
Mayor Pro Tem Martin questioned why the exterior lighting issue pertaining to CP&L
was not on the agenda, and City Manager Garza responded that it was pulled at the request
of five Council Members.
Mr. Martin intimated that there is no provision for five Council Members to pull an
item which is already scheduled on an agenda.
City Secretary Chapa noted that staff has in the past not put items on at the request
of the Council which were previously scheduled. He stated that Council Member Schwing
informed him that he talked to all of the Council and received concurrence from eight
members to not put the item on the agenda. Mr. Chapa stated that he talked to at least five
Council Members who had intimated that they had concurred with Mr. Schwing.
.Minutes
Regular Council Meeting
November 20, 1990
Page 9
Discussion ensued and City Manager Garza stated that the item could be put on next
week, stating that Mr. Martin's questions should be answered about whether five Council
Members should be allowed to take an item off which has been previously scheduled.
On another subject, Mr. Martin stated that in his opinion there should be a procedure
that the City Manager should come to the Council for approval of plans and specifications on
some projects before they go out for bid. He stressed that time could be saved for certain
types of projects which are major policy concerns of the Council. He stated that he would like
the City Manager to provide a recommendation in this regard.
Mr. Martin inquired if OmniVision requires permits for installations of their antennas,
noting that he has received complaints, and City Manager Garza stated that he will look into
the matter.
Mr. Martin intimated that he understood that the management audit - Mercer Study
was going to be on the agenda today, and City Manager Garza stated that he submitted a
report to the Council and recommended a committee meeting.
Discussion ensued and Mr. Garza noted that the item will be scheduled for next week's
Council Meeting.
Council Member Hunt referred to a hid invitation from Gulf Coast Marine in which
they refused to submit a bid on the sailboat, and he elaborated on the reasons. Mr. Hunt
stated that he would like information as to when this program was approved, how many people
are involved in implementing the program, the hours involved, the number of people in the
program, and how much the City has paid in the past since the program started.
Mayor Turner interjected that the program was initiated by the Council in 1981 because
of a number of requests from the public about a sailing program.
Deputy City Manager Garza provided background information on the program and
stated that he will provide the City Manager with a report which details the expenses and the
revenues of the program. He indicated that he will also furnish information about the City's
sailing school and the program offered by Del Mar College.
Council Member Hunt referred to his request for consideration of selling the land
originally proposed for the new police facility, and City Manager Garza responded that there
does not seem to be a market for that land; staff is trying to find some options for the Council
to consider for the use of that land; and a report is forthcoming to the Council.
Mr. Hunt made the suggestion that consideration be given to donating that land to
HIALCO for their use.
Mr. Hunt remarked about the schedule for future agendas, pointing out the amount of
wasted paper.
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Regular Council Meeting
November 20, 1990
Page 10
Council Member Guerrero raised questions concerning the Teen Court Program, and
City Manager Garza stressed that the Council approved $20,000 in funding for that program
as part of the budget.
Council Member McComb inquired about basic monthly rates for water, garbage and
wastewater, and Deputy City Manager Garza provided estimated base rates for water, garbage
and wastewater. Mr. McComb made comments in regard to notification from T.C.I. about
their proposed rate increase which is greater than other utility rates.
Mayor Turner commented about the exterior facade of the new fire station and
inquired if it would be possible to change the exterior facade so that it would be
complimentary to the area, and City Manager Garza stated that he will look into the matter,
noting that it will be an add-on type of assignment if the facade is redesigned.
* * * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not scheduled on the
agenda.
Mr. Jesse Hix, 2622 Segrest, spoke in regard to cleaning up the City.
Mr. Hal Wasson commented about the location of the new fire station.
Mr. Ron Hudson, 3556 Austin, made statements in regard to parking at the Parkdale
Library and raised questions in this regard, and City Manager Garza responded that he did
what he could to acquire the land and provide parking with access from Gollihar.
Mr. Philip Rosenstein, 949 Bobalo, complimented the Council on the San Juan Project,
Elderly Nutrition Program and the renovation and expansion of the Lindale and Greenwood
Senior Citizen Centers.
Mr. Benny Benavides spoke in defense of the City Secretary in regard to wasted paper.
Mr. Xavier Gonzales commented about utility deposits and temporary hook-ups for new
homes.
City Manager Garza noted that he will look into the situation of temporary hook-ups
and the issue of utilitiy deposits is still pending.
Mr. Johnny Moncado, a handicapped individual, stated that he resides in a nursing
home and cable TV is only available in certain rooms. He asked the Mayor to look into the
situation of installing cable TV in individual bedrooms.
The Council went into closed session under Article 6252-17, Section 2(e), V.A.C.S., and
other applicable law to receive attorney's advice concerning firefighter collective bargaining
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Mayor Turner reconvened the Council Meeting and there being no further business to
come before the Council, she adjourned the Council Meeting at 4:50 p.m. on November 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 November 20, 1990 which
were approved by the City Council on November 27, 1990.
WITNESSETH MY HAND AND SEAL, this the 29th day of January, 1991.
Armando Chapa
City Secretary