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HomeMy WebLinkAboutMinutes City Council - 01/22/1991PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero Tan Hunt Fd Martin Joe McComb Clif Moss Frank Schwing MINUTES CITY OF CORPUS CHRI51'1, TEXAS REGULAR COUNCIL MEETING JANUARY 22, 1991 2 p.m. City Manager Juan Garza Interim City Attorney Jimmy Bray City Rerretary Armando Chapa Mayor Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Monsignor Leonard Pivonka of St. Philip The Apostle Catholic Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Turner. City Secretary Chapa 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 January 15, 1991, and Mayor Pro Tem Rhodes pointed out a correction on Page 8. There being no further corrections or additions to the Minutes, Mayor Turner proclaimed them approved as amended. Mayor Turner recognized a delegation of Russian parliament visiting Corpus Christi to explore trade opportunities at the Port. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. Malcolm Matthews, Director of the Park and Recreation Department, and Marion Loucks, Superintendent of Community Servicp5, gave a presentation in regard to a recommendation for permanent artwork for the Airport and Municipal Court Facility. Ms. Loucks reported that artists Damian Priour, Don Redman, and Malou Flato were recommended to the Municipal Arts Commission by an art selection panel approved by the Council. She presented slides and renderings of MICROFILMED Minutes Regular Council Meeting January 22, 1991 Page 2 artwork representative of the artists' type of work and stated that the completed artwork designs will be prc-.ented to the Council for approval. Mr. Irving Dietz, a representative of the Airport Advisory Committee, inquired if the committee will have any input in reviewing the artwork, and Ms. Loucks stated that Bob Welch, advisory member of the committee, served on the art selection panel. Be expressed the opinion that in view of the extensive modifications planned for the Airport, selection of the artwork is premature. Council Member Guerrero made the following motion: 1. M91-018 Motion authorizing agreements for design of artwork at the Airport for $13,000 and appropriating $9,700 from the Permanent Art Trust FUnd; and approval of an agreement for artwork in Municipal Court for $10,000. The motion was seconded by Mayor Pro Tem Rhodes and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 8, noting that the City Manager had withdrawn Item 6. Council Members requested that Items 2 and 8 be withheld for discission. There were no comments from the audience on the other items. City Secretary (papa polled the Council for their votes and the following were passed: 3. M91-020 Motion approving the purchase of a modular ambulance in accordance with Bid Invitation No. BI -0095-91 from Collins Ambulance Sales and Services, Mansfield, Texas for the amount of $61,938 based on law bid. The unit is included in the 1990-91 Capital Outlay Budget. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, }tccmb, Moss and Schwing voting, "Aye." 4. M91-021 Motion approving a contract to refurbish and remount an ambulance module in accordance with Bid Invitation No. BI -0098-91 with W & W, Inc., Seguin, Texas for the amount of $31,950 based on only bid. This item is included in the EMS 1990-91 Capital Outlay Budget. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, MCConb, Moss and Schwing voting, "Aye." Minutes Regular Council Meeting. January 22, 1991 Page 3 5. M91-022 Motion approving Change Order No. 2 in the amount of $11,018 to the contract with Nunn & Shumway Construction Co., Inc. for expansion of the Westside Wastewater Treatment Plant to coat the sluice gate vault interior and pave two sludge drying beds. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 6. Withdrawn Metien-awarding-e-eentraet-sn-the-ameunt-e€-$44T336.-2s-te V:e--Heff7-+ne- for the-eenstrcietien-ef traffie s4 nai imprevements-en-eeean Drive between Beeldridge-Street-eni-Airiine Reed. 7. M91-023 Motion authorizing the City Manager to execute a contract amendment with the Corpus Christi Area Economic Development Corporation to add the Mayor and a Council Member to the Corporation Board and Executive Committee. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Sdhwing voting, "Aye." * * * * * * * * * * * * * Responding to questions on Item 2, supply agreement for dunpster route service, City Manager Garza explained that this item is an agreement to contract with a private sanitation provider to pick up the City's dimpster routes which are presently being handled by City crews. He emphasized that two positions were eliminated from the Solid Waste Department and stated that it will be cheaper to contract the service out. Mr. Garza stated that the contractor will provide the pickup, the dusters, the trucks, and the manpower. City Secretary Chapa polled the Council for their votes and the following motion was passed: 2. M91-019 Motion approving a supply agreement for dumpster route service in accordance with Bid Invitation No. BI -0012-91 with Corpus Christi Disposal Service, Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $45,173.28. The term of the contract 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. The contract will be administered by the Solid Waste Services Department and utilized by various City facilities. Funds have been budgeted for FY 90-91. Minutes Regular Council Meeting January 22, 1991 Page 4 The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McCanb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for public comment on Item 6, City legislative policy during the 72nd Legislature. Mr. Jesse Hix, 2622 Segrest, raised various questions and made suggestions in regard to the proposed City's legislative policy, and City Manager Garza responded to Mr. Hix's questions. Mr. Barry Pillinger, 6606 Clarion Drive, Vice Chairman of the Transportation Advisory Committee, commented in regard to suggestions for legislation made by the committee, and City Manager Garza assured him that the recommendations of the coimmittee will be provided to the Council. Mr. J. E. O'Brien, 4130 Pompano, speaking on behalf of the Executive Co mitten of the Taxpayers Association, informed the Council that the association is unanimously opposed to the blanket adoption of the Texas Municipal League's legislative policy. Council Member Martin expressed concern about adopting a blanket policy. After some discussion he moved to delete Section 7, TML Legislative Program, from the City's legislative policy. The motion was seconded by Mayor Turner and passed unanimously. Responding to a question from Council Member Martin regarding the City's legislative program this year, City Manager Garza stated that the City will have a strong liaison with the various offices of its legislators and will work with the TML staff. He specified that there will not be a full-time staff member in Austin. Mayor Pro Tem Rhodes stated that the City should be cautious and expressed the opinion that the elected legislators should not depend on TML because she did not think that they are representative of the people. She expressed reluctance to voting on many of the sections and stated that she would prefer that the City had a representative in Austin to monitor this so that when there is a bill that the City wishes to support or oppose, it is brought to the Council on an individual basis. Mayor Turner emphasized the importance of informing the legislators of the Council's priorities, stating that it is critical that the Council take a strong stand on water, education and some of the other issues. Council Member Hunt expressed opposition to a blanket endorsement of the legislative policy, stating that separate resolutions should be passed for each issue. Minutes Regular Council Meeting January 22, 1991 Page 5 Council Member Guerrero moved to table Item 8. The notion was seconded by Council Member Galindo and failed to pass. Following a discussion, Council Member McComb made a motion to adopt the resolution as presented and amend it by the deletion of Section 7. The motion was seconded by Council Member Guerrero. City Manager Garza stressed to the Council that before he supports or oppnsPs any bills in Austin, they will be presented to the Council. The Council then discussed the individual sections of the legislative policy. Following a discussion on Section 2, to which Mayor Pro Tem Rhodes expressed opposition, Mayor Turner made a motion to amend Section 2, Water, to read as follows: "The City strongly supports, as the highest priority, legislation to protect the City's water supply and water rights, and strongly opposes legislation which would diminish or challenge such water supply or water rights." The motion was seconded by Council Member Martin and pasood by the following vote: Turner, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes voting, "No." Subsequent to the discussion on Section 3, Education, CCSU President Dr. Robert Furgason, suggested additional wording pertaining to the funding for the transition to a four-year status. He declared that crucial elements to the transition would consist of operating costs and the faculty, and construction of facilities to meet those needs. Mayor Turner made a motion to amend Section 3 to read as follows: "The City strongly endorses, as the highest priority, legislation to advance and obtain sufficient support for education in this area, especially legislation to provide funding for transition to a four-year status and to enable Corpus Christi State University to operate as a strong and viable four-year university." The motion was seconded by Council Member Rhodes and passed unanimously. Mayor Pro Tem Rhodes made a motion to approve Section 5. The motion was seconded by Council Member Galindo and passed unanimously. Council Member McComb repeated his motion to adopt the resolution as presented to include Sections 1, 2, 3, 4, 5, 6, and 8; and amend it by the deletion of Section 7 and the addition of amendments presented on Sections 2 and 3. The motion passed by the following vote: Turner, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes voting, "No." Mr. R. J. Herschbach, a citizen, expressed the opinion that the motion is illegal and improper because the resolution has been changed and was not posted for 72 hours. He also declared that Mayor Turner is in violation of State law and the City Charter because State law prohibits the Mayor from voting on any ordinance, resolution or motion. Minutes Regular Council Mecting January 22, 1991 Page 6 Interim City Attorney Bray stated that the Mayor is qualified to vote and make motions. City SPr-retary C'hapa polled the Council for their votes and the following resolution passed, as amended. 8. RESOLIlrION NO. 021069 ADOPTING A STATEMENT OF T,FS;ISLATIVE POLICY FOR THE CITY OF CORPUS CHRIS'1'1 DURING THE SEVENTY-SECOND TEXAS T,FrISLATURE. The foregoing resolution passed, as amended, by the following vote: Turner, Galindo, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes, Guerrero and Hunt voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Item 9. The Council canvassed the returns of the Special Election conducted on January 19, 1991, by ccziparing a tabulation report stating the votes for and against each measure with the General Return Reports provided to the Mayor by each of the precinct election judges. Mr. R. J. Herschbach, 4650 Hakel, expressed the opinion that the charter amendment election is invalid because according to State statute, a copy of the propoccd charter amendments is required to be mailed to every qualified voter in the City. Interim City Attorney Bray informed the Council that a mailing to the voters is only required for a completely new charter, not for amendments. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 9. ORDINANCE NO. 021070 CANVASSING RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON JANUARY 19, 1991 IN THE CITY OF CORPUS CHRISI'l TO CONSIDER AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISL'1; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item 10, offsite improvements for expansion of CCSU in 1991. Minutea Regular Council Meeting January 22, 1991 Page 7 City Manager Garza presented a general overview in regard to a recommendation to adopt an ordinance scheduling a bond referendum on April 6, 1991, for a $6.7 million proposition for street improvements. He stated that a tax rate increase of at least one cent would be necessary to support the improvements. Mr. Garza remarked that an alternative would be to further stretch out the completion of the 1986 bond election program and the CCSU improvements would mete in priority with the remaining 1986 projects. Mayor Turner inquired that if it is determined that the one cent is critical to fund the improvements, would it be possible to establish thncn funds as a totally separate account so that at the end of the time that the infrastructure is paid in full, the one cent can be eliminated from the tax roll and revert back to the taxpayer. Responding to a question from Mayor Turner in regard to timing, City Manager C'.arza stated that timing is critical with respect to the actions that the legislature would undertake in making funding decisions. Carl Crull, Engineering Services Director, gave a detailed presentation of the proposed street improvement program and elaborated on the funding for the improvements. City Manager Garza and Mr. Crull responded to specific questions rained by the Council. In response to a question from Mayor Pro Tem Rhodes, Mr. Garza stated that the idea of delaying the 1986 projects and placing this one ahead does not seem to be viable. Mrs. Rhodes suggested that the issue be placed on the ballot and offered to the voters as an option. She asked for a legal opinion, and Interim City Attorney Bray stated that he would check into the matter. Mrs. Rhodes expressed concern that people will not support a property tax for the street improvements. Council Member Hunt declared that the public has not been fully informed about this issue and expressed concern about the rush. Following a broad discussion, Council Member McComb suggested that this might be contingent on the school receiving funds from the legislature. In regard to delaying the 1986 bond projects, Mr. McComb expressed the opinion that the public would not defer improvements in the 1986 bond projects. He stated that he was not in favor of postponing projects which have already been approved. Dr. Bob Furgason, President of CCSU, commented about the timing and impact that the project will have in regard to the development of CCSU. He indicated that he needs the support of a bond issue ballot to convince the legislature which is holding hearings on school funding requests. Dr. Furgason then responded to questions raised by some members of the Council. He stated that he would have no objection if the issue was placed before the voters as a contingency. Minutes Regular Council Meeting January 22, 1991 Page 8 Mr. Fred Heldenfels, President of 4UCC, stated that this action was presented to City staff because it was an opportunity to show the community's support to the legislature. He commented about the economic development ramifications of the university's growth and stated that they are not opposed to drafting this proposal with some sort of a contingency. He urged the Council Members who are running for re-election to educate the public on the need for supporting CCSU growth and transition to a four-year university. Mr. Jack Solka, 6262 Weber, expressed the opinion that a unanimous vote of the Council allowing this to go to the voters with the adequate contingency would be extremely significant. He indicated that the full plan of CCSU will be presented to the Council next week. Following extensive deliberation and discussion, Council Member Martin expressed concern about committing to doing transportation improvements in advance of the demand, stating that it is bad government and bad planning when there are projects waiting. He suggested going to the legislature with a statement that it is the policy of this City Council that they are prepared to take to the citizens a bond issue to fund thngn improvements that would be necessary. Mayor Pro Tem Rhodes stated that she did not think the issue is for or against CCSU. She expressed the opinion that it is not poor planning or poor government to put the infrastructure in before the need is there. Mr. J. E. O'Brien, 4130 Pompano, expressed the opinion that the timing on this project is atrocious. He spoke in opposition to increasing the taxes. Mr. Barry Pillinger, Vice Chairman of the Transportation Advisory Committee, expressed support of a four-year university and commented in regard to transportation bottlenecks in the City, stating that this plan looks ahead and takes care of problems before they occur. A brief conversation followed between Council Member Martin and Mr. Pillinger. Mr. Jinnny Till, 1265 Southern Minerals Road, spoke in favor of a four-year university. Council Member Guerrero moved to approve Item 10 and amend it to direct the City Manager to present an ordinance on January 29, 1991, calling for a bond election on April 6, 1991, on a proposition for $6.7 million for street improvements for the purpose of serving increased traffic near Corpus Christi State University contingent upon the legislature appropriating an amount that is agreed upon by staff and CCSU. The motion was seconded by Mayor Turner. 10. M91-024 Motion instructing the City Manager to present an ordinance on January 29, 1991, calling for a bond election on April 6, 1991 on a proposition for $6.7 million for street improvements for the purpose of serving increased Minutes Regular Council Meeting January 22, 1991 Page 9 traffic near Corpus Christi State University contingent upon the legislature appropriating an amount that is agreed upon by staff and CCSU. The foregoing motion passed, as amended, by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * The issue of expanding the Electrical Advisory Board to include two additional at -large positions was discussed by the Council. Council Member Galindo proposed the expansion, stating that it would even out the voting when there is a petition from a citizen. Council Member Schwing and Mayor Pro Tem Rhodes recommended that it be clarified that the two at -large members should not be connected to the electrical industry. Following a discussion dealing with the subject of the ordinance that established the board and the board's guidelines, Mayor Pro Tem Rhodes made a motion to place on next week's agenda an amendment to the ordinance declaring that the two at -large citizens on the Electrical Advisory Board not be connected to the electrical industry in any way. The motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Rhodes, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; Galindo voting, "No"; McComb absent at the time the vote was taken. * * * * *;* * * * * * * * Mayor Turner called for the discussion and consideration of establishing a Public Utilities Advisory Committee. Mayor Pro Tem Rhodes made a motion that a Public Utilities Advisory Committee be established and that the composition, meeting time, and can be determined by the Council with advice from a separate committee. Mayor Rimer suggested that another alternative would be mandatarl public hearings where the public would have an opportunity to participate on different occasions in the rate schedule being proposed and have some opportunity to make comments. Council Member Hunt stated that he supported the concept but that there should be stipulations. He suggested that the committee not be appointed until after ninety days. He amended Mrs. Rhodes' motion by adding the ninety -day stipulation, and Mrs. Rhodes did not have any objection. The motion failed to pass by the following vote: Rhodes, Galindo and Hunt voting, "Yes"; TUrner, Martin, MCC:cmb, Moss and Sdhwing voting, "No"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting January 22, 1991 Page 10 Council Member Hunt moved to table the issue for ninety days. The motion was seconded by Council Member Guerrero and failed to pass. Following more discussion, Mayor Pro Tem Rhodes moved to establish a Public Utilities Advisory Committee whose function will be to hear staff presentations on proposed utility rate increases, to conduct public hearings and get public input, and make a recommendation to the Council. The motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero voting, "No." * * * * * * * * * * * * * Mayor Turner called for liaison and other reports from the Council. Council Member Schwing requested that the appointments to the EDC be placed on next week's agenda, and there was no opposition from the Council. Council Member Moss commented about complaints in regard to the road construction on Corpus Christi Beach, and Deputy City Manager Jesus Garza gave a report on the issue and stated that he will look into the situation. Council Member Hunt commended the staff for the expeditious handling of the Flour Bluff trash problem. Mr. Hunt then made a motion to place on next week's agenda discussion and consideration of repealing the utility rate ordinance. The motion was seconded by Mayor pro Tem Rhodes. A discussion followed and Deputy City Manager Jesus Garza informed the Council that the outside legal opinion on this issue will be placed in the Council's Friday mail packet. Mr. Garza stated that staff is in the process of preparing a modified program which will be presented to the Council in regard to the cap that was adopted. He stated that staff's opinion is that there is a financial need for the increases that were adopted and that it would be premature to repeal and rescind the ordinance until the Council has an idea of what projects are before them and which ones the City can afford. Council Member Martin recommended that the Council re -review the rate increase. After more discussion, Council Member Hunt withdrew his motion. Mayor Pro Tem Rhodes then moved to place on next week's agenda for discussion the public utility's rate increase. The motion was seconded by Council Member Martin and passed unanimously. A lengthy discussion followed dealing with the following subjects: the refunding of the bonds and how it will affect the future; the Wastewater Fund; and the City's financial statement. Minutes Regular Council Meeting January 22, 1991 Page 11 Council Member Galindo reported in regard to a problem on a vacant lot on the corner of Sherman and Greenwood and requested that the trees be trimmed on the lot. Mayor Pro Tem Rhodes commented in regard to an issue of businaaces under the Kennedy Causeway whose annual leas.° terms are going to be increased. She recanmended that the issue be placed on next week's agenda concerning the School Land Board and the businesses along the Causeway. There was no opposition to Mrs. Rhodes' recommendation. Council Member Hunt made a motion to place on next week's agenda consideration for an audit of the City's water funds for the last ten years. He noted that it will cost approximately $5,000. The motion died for lack of a second. Council Member Schwing cemented on the format of Council Meetings and suggested that input from the public be placed at the beginning of the meeting in order for the staff to respond to citizens' concerns before the end of the meeting. City Manager Garza stated that a recommendation is forthcoming to the Council which is in accord with Mr. Schwing's suggestion. Responding to a question from Council Member McComb, City Manager Garza announced that the evening Council Meeting will be held at 7 p.m. on February 12, 1991. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Jesn Hix, 2622 Segrest, suggested that the public be given ten days' notice of the items to be placed on Council Meeting agendas. He also consented in regard to the clean-up of the West side. Mr. Ron Hudson, 3556 Austin, offered tents in regard to the Parkdale Branch Library. Mr. Benny Benavides reccm nexnded that the City draft a resolution in support of the Armed Forces in Saudi Arabia. Mr. R. J. Herschbach, 4650 Hakel, remarked that the City's handicapped parking at the Airport is in violation of State law becansc there is a charge for handicapped parking. He also stated that the handicapped parking signs at City Hall are not in compliance with State law and State statute. Mr. Herschbach then declared that the City is violating State law when it has police reserves in the City because according to a former attorney general's opinion, a City that has policemen and firemen civil service may not have police reserve officers unless they are being paid. Minutes Regular Council Meeting January 22, 1991 Page 12 Mr. J. E. O'Brien, 4130 Pompano, made cam:lents in regard to wastewater financing and an attorney general's opinion in regard to charter provisions. He also remarked about the petition to repeal the utility rate ordinance, and the City charter. A conversation followed between Council Member Martin and Mr. O'Brien, dealing with utility rate incraacns arra rescinding the increases. Deputy City Manager Jesus Garza stated that the rate increase that was adopted last October raised $1.9 million of the $2.3 million that was required at the outset of the year. He stated that a six -percent wastewater increase alone is going to net the City about $600,000, and there will be no more money into the system. Mr. Garza stated that there are real issues in terms of capital dollars of what the City can build in terms of the infrastructure requirements. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 5:37 p.m. on January 22, 1991. * * * * * * * * * * * * * 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 January 22, 1991 which were approved by the City Council on January 29, 1991. WITNESSETH MY HAND AND SEAL, this the 8th day of March, 1991. Sr— Armando Chapa City Secretary