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