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HomeMy WebLinkAboutMinutes City Council - 03/19/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 19, 1991 2 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero Tom Hunt Ed Martin Joe McComb * Clif Moss Frank Schwing * City Manager Juan Garza Interim City Attorney James Bray City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Jim Roberts of St. John's United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Hunt. 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 March 12, 1991, and there being no corrections or additions, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on issues not scheduled on the agenda. * Council Member McComb arrived at the meeting. Mr. Jesse Hix, 2622 Segrest, commented on recycling and suggested refundable deposits on plastic and glass containers and shopping bags. MICROFILMED Minutes Regular Council Meeting March 19, 1991 Page 2 Mayor Turner suggested that Mr. Hix present his recommendation to business owners. Mr. Quenten Cook, 617 Catalina, chairman of the Water Shore Advisory Committee, advised that he will answer any questions the Council has about a letter from a group of water concessionaires who are in opposition to action taken by the committee. City Manager Garza stated that staff is preparing a response relative to the letter in regard to procedures and it will be presented to the Council. Council Member Schwing arrived at the meeting. Mr. Chris Urquhart, 442 Troy, representing some water concessionaires, read a prepared statement in opposition to the bid process proposed by the Water Shore Advisory Committee. Mr. Tony DeAmico, 145 Chiltipin, Portland, provided a ten-year overview concerning recreational establishments on the bayfront and expressed opposition to the bid process proposed by the Water Shore Advisory Committee. Ms. Scotty Anslinger, representing the Northwest Business Association, inquired about progress made on the study for an RV park and golf course at Nueces River Park. City Manager Garza reviewed a series of events and stated that he has a meeting set up with Mr. Garnett Brooks. He advised that this is a private development and the City would like to reduce the cost of utilities which would enable a developer to come in and participate in the appropriate share of the cost. He stated that the City is prepared to move as quickly as possible and pointed out that this is not the City's project, and the City cannot finance it. Council Member Schwing referred to the Council Meeting when this matter was discussed and commented on the various items which were requested by the Council. Mr. Garza related that the Council reallocated $50,000 for the construction of the restroom facilities at Nueces River Park. He remarked about the brush cleaning and stated that staff is working on the development cost figures relative to the overall plan for the park. Deputy City Manager Jesus Garza provided an update on the brush cleaning and commented about the erosion issues. He stated that information in regard to this matter will be included in the Friday mail packet. Ms. Anslinger requested that Ms. Jeannette Hallmark be provided an update of the situation. Minutes Regular Council Meeting March 19, 1991 Page 3 Mr. Garza responded to specific questions raised by the Council dealing with the brush cleaning, the park development plans, and the construction of the bathroom facilities. A substantial discussion ensued and City Manager Garza stated that he has the original proposal from Mr. Brooks but has received no additional details. He reiterated that he is meeting with Mr. Brooks next week and he will follow up on the park development plan. Council Member Schwing inquired about the status of an engineering study concerning the water pressure for the northwest area, and City Manager Garza responded that a study was commissioned and a schedule is forthcoming to the Council. Mr. Warren Wahpepah, 1337 Whitaker, speaking on behalf of native Americans, presented material to the Council and read a prepared statement in regard to a grant given to an Indian cultural group for a pow wow by the Municipal Arts Commission. He implied that the person representing the leadership of the group is not a native American and that the public is being misled. Mayor Turner suggested that Mr. Wahpepah present his concerns to the Municipal Arts Commission, the group that recommended the funding. Ms. Tara Cochise, 4906 Trinity, an Apache tribal member, also intimated that the person representing the group does not represent authentic Indian culture. Council Member Martin referred back to the first issue relative to the vendors on the waterfront and stated that he would like a report in response to the letter which was submitted by the vendors in opposition to the bid proposal. He expressed concern about the possibility of losing some vendors. Mr. Quenten Cook spoke again and summarized several issues leading up to the decision of the Water Shore Advisory Committee on the bid proposal. Mr. Robert Gross, chairman of the sub -committee of the Water Shore Advisory Committee, provided background information and also gave a brief history of events in regard to the decision for a one-year contract for four vendors of water amusements. Mayor Turner expressed concern about the negative impact this decision will have on the concessionaires. Mr. Gross and Mr. Quenten responded to specific questions posed by the Council. Following a broad discussion, Council Member Martin expressed doubt that individuals would make an investment in a one-year contract. He moved that the City Manager provide a report, as soon as possible, with a recommendation for the contract. Minutes Regular Council Meeting March 19, 1991 Page 4 Council Member Guerrero seconded the motion and suggested that it be an agenda item for next week. The motion passed unanimously; Schwing absent at the time the vote was taken. •• t• k* Y t t t• e t Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 8, and Council Members requested that Items 6 and 7 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-056 Motion approving a supply agreement for liquid chlorine in one -ton cylinders in accordance with Bid Invitation No. BI -0144-91 with Dixie Petro -Chem. Inc., Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $153,548. The term of the agreement shall be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The chlorine is used in the treatment of wastewater and water and funds have been budgeted for FY 90-91. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 2. M91-057 Motion approving supply agreements for cast iron and ductile iron mechanical joint fittings, flanged end fittings, swivel hydrant fittings and retainer glands in accordance with Bid Invitation No. BI -0056-91 with the following companies for the following amounts based on low bids for an estimated annual expenditure of $144,224.59. 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 used by the Water and Wastewater Departments for the construction and maintenance of water mains. Funds have been budgeted for FY 90-91 by the Water and Wastewater Departments. Davis -McAllen Pipe & Supply Corpus Christi, Texas $101,303.25 International Supply Corpus Christi Texas The Rohan Co. San Antonio, Texas $17,172.40 Minutes Regular Council Meeting March 19, 1991 Page 5 $25,748.94 Grand Total: $144,224.59 The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 3. M91-058 Motion authorizing the Municipal Arts Commission to appoint an ad hoc Peer Panel, made up of art specialists, to assist in review of subgrant applications from art organizations. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 4. M91-059 Motion authorizing the City Manager or his designee to submit an application to and execute a contract with ACTION for continuation of the Senior Companion Program. The total budget for 1991-1992 is $196,632. This includes $150,968 in federal funds and $45,664 in city match. Of the city match, $6,371 is provided as in-kind and $39,293 will be cash. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 5. M91-060 Motion awarding a contract in the amount of $51,604 to R. S. Black Civil Engineers and Contractors to construct two pedestrian bridges at the Airport Ditch and the Youth Sports Complex on Greenwood Drive. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 8. ORDINANCE NO. 021109 CLOSING AND ABANDONING A 3.38 FOOT WIDE BY 46.5 FOOT LONG AND 1.25 FOOT WIDE BY 50.98 FOOT LONG PORTION OF THE NORTHWEST HALF OF A 10 FOOT WIDE UTILITY EASEMENT IN LOT A OF THE TEXAS STATE AQUARIUM SUBDIVISION SUBJECT TO CERTAIN PROVISIONS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 19, 1991 Page 6 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." Relative to concerns expressed by Mayor Pro Tem Rhodes and Council Member Moss on Item 6, changeorder at the Corpus Christi International Airport Taxiway J Connection and Commercial Ramp Extension, Carl Crull, Engineering Services Director, discussed the justification for the changeorder. In regard to Item 7, farming lease agreement - 20.933 tract - Bohemian Colony Lands, Council Member Martin inquired if the tract is surplus land, and the City Manager responded in the affirmative. Mr. Martin suggested putting the land on the market to eventually dispose of it, and the City Manager replied that he will look into the matter. City Secretary Chapa polled the Council for their votes and the following were passed: 6. M91-061 Motion approving Change Order No. 3 in the amount of $105,385.36 to the contract with Bay, Inc., for the Taxiway J Connection and Commercial Apron Expansion at Corpus Christi International Airport. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 7. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR FARMING LEASE WITH JULIUS ZDANSKY, JR. FOR A 20.933 ACRE 1 RACT OF LAND LOCATED OFF CHAPMAN RANCH ROAD AND APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." Mayor Turner called for the discussion and possible action with respect to legislation_ which is pending or may be proposed at the 72nd Texas Legislature. Minutes Regular Council Meeting March 19, 1991 Page 7 Tom Utter, Public Works Director, and Brandol Harvey, Planning Director, reviewed some of the bills questioned by the Council and responded to specific questions dealing with the bills. Council Member McComb referred to another matter and stated that he has received numerous complaints about an establishment on Bonner and Staples. He requested a report on this situation. City Secretary Chapa polled the Council for their votes and the following resolutions were passed: 9a. RESOLUTION NO. 021110 SUPPORTING HOUSE BILL 834 TO ENABLE MUNICIPALITIES TO HAVE EXCLUSIVE AUTHORITY, IRRESPECTIVE OF THE ALCOHOLIC BEVERAGE CODE, TO ENACT ZONING REGULATIONS REGARDING BUSINESSES WHICH ARE REQUIRED TO HAVE LICENSES UNDER THE ALCOHOLIC BEVERAGE CODE. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9b. RESOLUTION NO. 021111 SUPPORTING PASSAGE OF HOUSE BILL 1599 CLARIFYING POSTING REQUIREMENTS BY CITY GOVERNMENT. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9c. RESOLUTION NO. 021112 SUPPORTING PASSAGE OF SENATE BILL 715 INSURING COLLECTION OF THE LOCAL HOTEL -MOTEL OCCUPANCY TAX. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; McComb voting, "No." 9d. RESOLUTION NO. 021113 SUPPORTING PASSAGE OF HOUSE BILL 1690 LOWERING THE TIME PERIOD FOR REDEMPTION OF REAL PROPERTY SOLD AT A TAX SALE. Minutes Regular Council Meeting March 19, 1991 Page 8 The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, McComb and Schwing voting, "Aye"; Martin and Moss voting, 9e. RESOLUTION NO. 021114 SUPPORTING PASSAGE OF SENATE BILL 809 AUTHORIZING CITIES TO ESTABLISH PERMITTING SYSTEMS FOR COMMERCIAL HAZARDOUS WASTE INCINERATORS. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9f. RESOLUTION NO. 021115 SUPPORTING PASSAGE OF HOUSE BILL 1496 STRENGTHENING STATE LAW GOVERNING ILLEGAL DUMPING FROM A VEHICLE. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9g. RESOLUTION NO. 021116 SUPPORTING PASSAGE OF HOUSE BILL 1581 REQUIRING THAT THE HEALTH DEPARTMENT BY RULE REQUIRE A SPECIFIC PERCENTAGE OF MONEY PROVIDED FROM THE MUNICIPAL SOLID WASTE MANAGEMENT PLANNING FUND BE USED TO DEVELOP PLANS FOR COMMUNITY HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9h. RESOLUTION NO. 021117 SUPPORTING PASSAGE OF HOUSE BILL 1731 ESTABISHING REGULATIONS PROHIBITING THE PASSING OF A GARBAGE TRUCK WHILE THE TRUCK IS STOPPED FOR COLLECTION. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9i. RESOLUTION NO. 021118 Minutes Regular Council Meeting March 19, 1991 Page 9 SUPPORTING PASSAGE OF HOUSE BILL 1768 PROMOTING AN INFORMATION CLEARINGHOUSE TO PROVIDE A SINGLE COMPREHENSIVE SOURCE OF INFORMATION REGARDING SOURCE REDUCTION AND RECYCLING. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9j. RESOLUTION NO. 021119 SUPPORTING PASSAGE OF HOUSE BILL 1573 INCREASEING THE CIGAREI"1'E TAX PROVIDING ADDITIONAL REVENUE FOR PARK PURPOSES. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." Mayor Turner called for the City Manager's report. City Manager Garza informed the Council that he will be out of town tomorrow, stating that Representative Cavazos has requested that he appear before a committee hearing a bill on the Reinvestment Zone legislation. Mr. Garza advised that the Deputy City Manager will also be out of the office to appear before the Texas Water Commission. Council Member McComb remarked about empty slips in the marina and suggested consideration of restructuring the slip rental rates. He asked the City Manager to provide an update on the waiting List in the marina, the vacancy rate, and staffs recommendation in terms of restructuring the rates. City Manager Garza responded that there is not a waiting list; the vacancy rate is in the high 20's; and with respect to the rates, he intends to present a recommendation to the Council to eliminate the ten-year schedule of rate increases. He stated that he had not intended to recommend lowering the rates but will consider it and bring forward a recommendation. Mr. McComb referred to the downtown area and inquired about the rule in terms of consumption of alcoholic beverage on the public right of way. He asked about increasing enforcement of that rule. Minutes Regular Council Meeting March 19, 1991 Page 10 Interim City Attorney Bray responded that consumption of alcoholic beverages is not prohibited unless the individual is intoxicated to the extent that they are a danger to themselves or others. In response to Mr. McComb's suggestion about the City doing something locally, Mr. Bray stated that it is preempted by the alcoholic beverage code, state wide. Mr. McComb commented about a potential problem relative to the Water Shore Advisory Committee requiring private boat owners to purchase fuel at the station in the marina. Council Member Guerrero referred to the gentlemen who spoke under "petitions from the audience" in regard to the native American Indian and advised that a member of the audience wishes to provide a clarification on this issue. Mr. Harold Hoppenrath, 338 Clifford, declared that Ms. Jackie Strawhorn has never claimed to be a chief of the Indian tribe but only claims to be the leader of the group that is putting on the pow wow. Council Member Hunt inquired about the status of the Southside Wastewater Treatment Plant, and City Manager Garza provided an update. Mr. Hunt stated that the citizens voted for the Southside Wastewater Treatment Plant. He noted that the City has the land and expressed the opinion that it should be built now and not at the end of the decade. Discussion ensued and Council Member Guerrero concurred that the southside plant is needed. He pointed out that staff presented the Council with a plan on how to build the plant and the Council did not agree to it. Mayor Pro Tem Rhodes inquired about the new streets lights on Ocean Drive and stated that the Council had decided that all the lights on Ocean Drive should be the same. City Manager Garza stated that he was not aware that was the Council policy, and staff is checking into the issue to see when the Council adopted that policy. Mrs. Rhodes requested staff to check into the feasibility of installing a sign on the expressway illustrating the exit for the municipal court. Ms. Rhodes commented about a lady in Flour Bluff who fixes boats. She stated that the City bought her property to be in the clear zone area; a complaint was received; and now the City wants to rezone her property. City Manager Garza stated that he will look into the situation. Minutes Regular Council Meeting March 19, 1991 Page 11 Mrs. Rhodes referred to the CROP Hunger Walk which will be held this Sunday and explained how it works. She stated that she is walking the ten kilometers and if the Council or staff wishes to help sponsor her, it would be appreciated. Council Member Martin referred to Council policy recommendations and expressed concern that if the Council does not put their recommendation into a written type of policy, it is not recorded. He suggested that staff provide a written policy the following week. Mr. Martin referred to the gang issue and suggested that at a future Council Meeting an update be provided on the City's strategy program in this regard. Council Member Moss brought up the issue of boats speeding in the Padre Isles subdivision, and City Manager Garza stated that staff is doing research as to whether the City has enforcement powers in the canals and a recommendation is forthcoming to the Council. Mr. Moss inquired if the issue of putting in street lights on residential areas on the west side of Park Road 22 is being addressed, and City Manager Garza stated that staff is studying that situation. Mr. Moss asked about the traffic lights on Doddridge and Ocean Drive, and City Manager Garza responded that part of the problem has been corrected but it did not resolve the congestion problem. He stated that he has requested a report from staff on this matter. Council Member Guerrero remarked about the deterioration of the ramps between the naval air station and the Oso bridge and requested a report on the status. Council Member McComb commented in regard to the drive-in facility at the new police station where individuals can pay traffic fines. He inquired about the feasibility of payment of utility bills through that drive-in facility. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 3:50 p.m. on March 19, 1991. •* k t•* Y* t•• i i 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 March 19, 1991 which were approved by the City Council on March 26, 1991. WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1991. Armando Chapa City Secretary