HomeMy WebLinkAboutMinutes City Council - 06/11/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 11, 1991
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Joe McComb
Council Members:
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward Martin
Dr. David McNichols
Clif Moss
Mary Pat Slavik
City Manager Juan Garza
Asst. City Attorney Ruben Perez
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Council Member Galindo following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member McComb.
Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting
of June 4, 1991, and there being no additions or corrections, she proclaimed them approved
as presented.
Dr. Michael Speed, Chairman of the Mayor's Advisory Committee on water
resources, presented the Council with a mission and purpose statement for the committee,
a committee structure, and names for the various subcommittees. Dr. Speed suggested that
the Council should submit names of individuals they would like considered for the
committee to him by Thursday, and he will present a final recommendation at next week's
Council Meeting.
Council Member Slavik moved to approve the subcommittee chairmen. The motion
was seconded by Council Member Martin and passed unanimously.
Minutes
Regular Council Meeting
June 11, 1991
Page 2
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 thru 12, and Council Members requested
that Items 3, 5, 8, 9 and 10 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
1. M91-147
Motion approving the purchase of 14,200 feet of copper pipe, sizes 3/4" - 2" in
accordance with Bid Invitation No. BI -0271-91 with Noland Company, Corpus Christi,
Texas, based on low bid. This pipe will be stocked in the Warehouse and used by
the Water Department. Funds have been budgeted for FY 1990-91 by the Water
Department.
The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Galindo,
Guerrero, Longoria, Martin, McComb and McNichols voting, "Aye."
2. M91-148
Motion approving a supply agreement for black and galvanized pipe fittings such as
bushings, ells, caps, plugs, tees, and couplings, in sizes W to 4" in accordance with
Bid Invitation No. BI -0159-91 with Noland Company, Corpus Christi, Texas, based
on low bid for an estimated annual expenditure of $21,188.58. 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. These items will be stocked in the Warehouse and used by the Gas and
Water Departments. Funds have been budgeted for FY 1990-91 and requested for
FY 1991-92 by the using departments.
The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Galindo,
Guerrero, Longoria, Martin, McComb and McNichols voting, "Aye."
4. M91-150
Motion approving the application by the Heart of Corpus Christi, Inc., to hold a 4th
of July street festival on July 4th, 1991, and approving the closing of the following
street sections during the event period:
. Schatzell Street, between West Shoreline and Water Street
. Water Street, between Lawrence Street and Peoples Street
The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Galindo,
Guerrero, Longoria, Martin, McComb and McNichols voting, "Aye."
Minutes
Regular Council Meeting
June 11, 1991
Page 3
6. ORDINANCE NO. 021179
CLOSING THE PUBLIC HEARING HELD ON JUNE 4, 1991, ON THE
FOLLOWING STREETS: AYERS STREET, FROM BALDWIN BOULEVARD
TO SANTA FE STREET; FIXING A LIEN AND CHARGE AND ADOPTING
AN ASSESSMENT ROLL INDICATING ASSESSMENTS OF $181,694.41 ON 60
ITEMS FOR IMPROVEMENTS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Moss, Slavik, Galindo, Guerrero, Longoria, Martin, McComb and
McNichols voting, "Aye."
7. RESOLUTION NO. 021180
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT WHICH PROVIDES
$50,000 AS THE SCHOOL DISTRICTS COST IN CONSTRUCTING A PARK
AND DRIVE FACILITY IN FRONT OF THE WYNN SEALE MIDDLE
SCHOOL; AND APPROPRIATING $50,000 AS FUNDS TO BE RECEIVED
FROM THE SCHOOL DISTRICT APPLICABLE TO PROJECT NO. 220-601-
602.23-593, AYERS STREET/BALDWIN TO SANTA FE.
The foregoing resolution passed by the following vote: Rhodes, Moss, Slavik,
Galindo, Guerrero, Longoria, Martin, McComb and McNichols voting, "Aye."
11. SECOND READING
ANNEXING A PARCEL OR TRACT OF LAND, PURSUANT TO ARTICLE 1,
SECTION 2(c) OF THE CITY CHARTER, PROVIDING FOR THE
ANNEXATION TO THE CITY OF CORPUS CHRISTI OF ROADS,
HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY
OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Moss, Slavik, Galindo, Guerrero, Longoria, Martin, McComb and McNichols voting,
"Aye."
12. SECOND READING
APPROVING PETITION OF CP&L FOR NEW TARIFF TO PROVIDE METAL
HALIDE STREET LIGHTING SERVICE.
Minutes
Regular Council Meeting
June 11, 1991
Page 4
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Moss, Slavik, Galindo, Guerrero, Longoria, Martin, McComb and McNichols voting,
"Aye."
Responding to a question from Council Member McNichols on Item 3, the purchase
of an electric busway from Sterett Supply, City Manager Garza advised that Sterett Supply
will conform to the City's requirement that the busway have an epoxy type sealing inside and
out which would prevent deterioration.
On Item 5, South Texas beach party street closing, Council Member Moss inquired
if the closing would impede access to the Aquarium over the holiday weekend, and City
Manager Garza responded that it would not.
Relative to Item 8, Ayers Street improvements, Phase II, Baldwin to Santa Fe,
Council Member Martin inquired about a recent dispute with the contractor, and City
Manager Garza stated that this is the contractor who was involved in the Flour Bluff fishing
pier and there is an outstanding claim against the City by the EPA to repair the
environmental damage. He stated that at the present time the City is not in litigation with
the contractor but there is a possibility of future litigation.
Council Member Martin and Mayor Pro Tem McComb questioned the logic of
awarding a contract to a contractor who might have caused the City damages for which it
is being cited.
Because of the concerns expressed by some Council Members, City Manager Garza
recommended that this item be held for one week, stating that the delay would not hold up
the project.
Relative to questions from Council Member Slavik on Item 9, an agreement between
Corpus Christi Port Authority and the City, City Manager Garza provided background
information and stated that the City does not wish to assume ownership of the sewer system
and has agreed to include this system into its daily and annual maintenance programs for
an annual maintenance fee of $5,978. He noted that the Port has also agreed to supply all
equipment and supplies to bring the lift stations to an operating standard acceptable to the
City. He stated that the annual maintenance fee will cover the Wastewater Division's
operating expenses for routine maintenance of lift stations and lines.
Responding to a question from Council Member Moss, Carl Crull, Engineering
Services Director, stated that if there is a need for a larger system, it would not be the City's
responsibility.
Minutes
Regular Council Meeting
June 11, 1991
Page 5
Mr. Ron Hudson, 3556 Austin, inquired if it was proper to schedule a workshop
meeting on the agenda, and Mayor Rhodes replied in the affirmative.
On Item 10, establishing a Council policy on street name changes, Mr. Hudson
referred to the proposed resolution and suggested that rather than passing a resolution, the
Council should refuse to consider street name changes.
Mayor Rhodes stated that the Council wishes to have their policies in writing during
the next two years.
City Secretary Chapa polled the Council for their votes and the following items
passed:
3. M91-149
Motion approving the purchase of electric busway from Sterett Supply, Corpus
Christi, Texas, in accordance with Bid Invitation No. BI -0249-91, for the amount of
$27,248, based on low bid meeting specifications. The busway is to replace existing
deteriorated busway in the Convention Center's parking garage. Funds were
budgeted in the Convention Center Major Improvement Trust Fund.
The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Galindo,
Guerrero, Longoria, Martin, McComb and McNichols voting, "Aye."
5. M91-151
Motion approving the application by the Texas Special Olympics to hold the South
Texas Beach Party on July 4-7, 1991, and approving the temporary closing of the
3800 - 3900 block of Surfside Boulevard for this event between Wednesday, July 3rd
and Monday, July 8th, 1991.
The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Galindo,
Guerrero, Longoria, Martin, McComb and McNichols voting, "Aye."
8. Hold for One Week
9. M91-152
Motion authorizing the City Manager or his designee to enter into an agreement with
the Corpus Christi Port Authority by which the Department of Public Utilities will
Minutes
Regular Council Meeting
June 11, 1991
Page 6
be compensated for maintaining and repairing gravity and pressure collection system
in the Rincon/Burleson area located on Corpus Christi Beach.
The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Galindo,
Guerrero, Longoria, Martin, McComb and McNichols voting, "Aye."
10. RESOLUTION NO. 021181
ESTABLISHING A CITY COUNCIL POLICY IN REGARD TO STREET NAME
CHANGES.
The foregoing resolution passed by the following vote: Rhodes, Moss, Slavik,
Galindo, Longoria, Martin, McComb and McNichols voting, "Aye'; Guerrero voted
"No."
Mayor Rhodes called for the City Manager's report.
City Manager Garza asked for Council concurrence to plan a dedication of the
Lawrence Street realignment on Tuesday, June 25th, at 1:15 p.m., and the Council did not
express any opposition.
Mayor Rhodes called for Council concerns and liaison reports.
Council Member Slavik commented that she would like to reinstate the City's former
policy of charging each City department for whatever City utilities it uses, stating that it
would be a way to conserve water and to lower the expense in the utility department. She
requested an opinion from staff.
Mrs. Slavik mentioned the water leakage at the watergarden and stated that this may
have been a problem from the very beginning, and City Manager Garza responded that he
will provide the Council with a report on this matter. He spoke of the problem, stating that
it did not occur at the beginning but is a result of settlement which occurred afterward.
Mrs. Slavik stated that she would like a staff opinion on the possible formation of a
citizens' waste committee which would be independent of City staff who would investigate
and suggest remedial action regarding waste in the City departments.
City Manager Garza noted that there is a committee to oversee further
implementation of the Mercer Report and he commented on the Mercer Committee. Mrs.
Slavik suggested that the Mercer Committee consider her suggestion.
Minutes
Regular Council Meeting
June 11, 1991
Page 7
Council Member McNichols noted that it will take a considerable amount of time to
implement what is already recommended in the Mercer Report. He stated that he would
rather see the committee focus primarily on what is recommended; implement it one step
at a time in an organized fashion; and then proceed with other suggestions.
Council Member Galindo referred to a letter from a county judge in McMullen
County about a hazardous landfill, and City Manager Garza stated that the letter was
responded to.
Council Member Moss referred to the extension of Lawrence Street and inquired if
it could be opened to the public, and City Manager Garza stated that the street is
barricaded to allow for the parking of equipment. He stated that it is scheduled to be
completed this week and will be opened when the irrigation system is in.
Mr. Moss commented on the issue of EMS, noting that the RTA wants to delay the
funding until there is a working plan. Mr. Moss inquired if the City is doing anything to
implement some of the suggestions which were made by Mr. Short.
City Manager Garza noted that staff is putting together a business plan that
incorporates several of the suggestions which they believe are appropriate. He stated that
he has submitted a copy of that report to Tom Niskala of the RTA and Council Member
McComb who is the liaison to the RTA.
Mr. Moss remarked about the time in which the Council received the capital
improvements report, and City Manager Garza stated that it takes about thirty days to
produce the report. Mr. Moss asked if some of the projects will be closed out, and Mr.
Garza responded in the affirmative.
Mr. Moss referred to the Ayers Baldwin Norton project, noting that the report
indicates that it will not be complete until April of 1992, and City Manager Garza stated
that is the time frame which was determined and if there is an adjustment, he will provide
it to the Council.
Mayor Rhodes referred to an error in the assignments of the Mayor Pro Tem
position. She noted that the terms were supposed to be as follows: District 5 thru District
1, Council Member Moss, Council Member Mary Pat Slavik and Council Member Martin.
She made a motion to change the terms as listed above. The motion was seconded by
Council Member Guerrero and passed unanimously.
Mayor Rhodes called for petitions from the audience.
Minutes
Regular Council Meeting
June 11, 1991
Page 8
Mr. Ron Hudson, 3556 Austin, expressed disappointment that the Council did not
consider a proposed ordinance in regard to the separation of church and state. He
commented on the City Charter and the Constitution of the United States.
Mr. Raymond Hasker, 1813 Wallace, spoke on the subject of water waste in the City
and referred to the leakage at the watergarden.
Council Members Slavik and McNichols requested that the City Manager look into
the matter of water waste on Ocean Drive and in the vicinity of the Aquarium.
Mr. Leon Perez, 904 Buford, commented in regard to the contractor who constructed
the watergarden. He suggested that the airlines pay for the airport roof, and City Manager
Garza advised that the City owns the airport and the airport roof issue is under litigation.
Mr. Perez then expressed concern about the expense to remove the asbestos from the new
police building.
Mr. John Buser, 325 Waverly, spoke in regard to separation of church and state.
Mr. Scott Irot, Risk Manager for the Corpus Christi Independent School District,
expressed appreciation to the Council for approval of the application by the Texas Special
Olympics for the South Texas Beach party.
Mr. Earl Wilder, 517 Williamson, representing the retired firefighters, spoke about
the pensions of the retired firefighters.
Mayor Rhodes declared a short recess.
Mayor Rhodes reconvened the Council Meeting and called for the discussion of the
proposed budget for FY 1991-92.
City Manager Garza commented on the analysis of budget net of transfers for FY
1991-92 and stated that the total net of transfers for all funds is $204,310,294.
Mr. Garza gave a broad overview of the revenues in the General Fund and stated
that the beginning balance for FY 90-91 was $10,459,406, noting that the beginning balance
for FY 91-92 is $6.4 million. Mr. Garza noted that the property taxes do not reflect an
increase in the tax base. In regard to the sales tax, he stated that he is projecting a ten
percent growth this year and adding an eight percent growth in the sales tax for next year.
Responding to questions from Council Member Martin, City Manager Garza offered
a detailed explanation relative to funds reserved for commitments, and a broad discussion
Minutes
Regular Council Meeting
June 11, 1991
Page 9
followed on this subject. Mr. Garza stated that an appropriate reserve amount is five
percent.
Mr. Garza reviewed comparisons of other Texas cities in regard to General Fund
budgets, ending fund balances, and tax rates.
The Council then discussed when to hold the public hearing on the budget, and it was
their consensus to tentatively schedule an informal evening budget hearing on June 25, and
a formal legal public hearing on July 16.
City Manager Garza reviewed the business taxes and referred to the electric franchise
fee from CP&L. He stated that he is projecting about $7 1/2 million for the electric
franchise tax. He commented in regard to the reduced amount that CP&L will pay the City.
In regard to the telephone franchise tax, City Manager Garza stated that there is a
slight increase and that is subject to change pending a different franchise agreement with
Southwestern Bell.
Mr. Garza referred to the revenue from interest on investments and stated that this
year the City will receive about $1.1 million in interest earned on investments, and he is
projecting a decrease for next year which is attributable to a decrease in the interest rates
that the City is collecting.
In response to a question from Council Member Martin, Mr. Garza discussed the
reduction in the revenues from the municipal court.
Mr. Garza reviewed the expenditures in the budget in regard to the legislative
services departments. He summarized the executive and administrative services, and
responding to a question from a Council Member, Mr. Garza discussed contractual services
and reviewed the non -departmental section of the executive and administrative services. He
responded to specific questions on the line items in the non -departmental section.
Mr. Garza pointed out the establishment of the internal audit group and the creation
of the public information office. He stated that he relocated the CIP office within the
Engineering Services Department to allow for better coordination and implementation of
a project management system.
In reference to the Heart of Corpus Christi, Council Members Slavik and Galindo
questioned whether that expenditure would be necessary if downtown business owners adopt
a proposed municipal management district.
Mr. Garza stated that the municipal management district has not yet been formed
and he explained the justification of the expenditure for the downtown area.
Minutes
Regular Council Meeting
June 11, 1991
Page 10
A broad discussion followed relative to the downtown area and funding the Heart of
Corpus Christi, and Mayor Pro Tem McComb and Council Members Martin and McNichols
expressed support of the funding. They emphasized that the City is committed to the
funding and should continue funding its share of downtown development in a reasonable
way.
Mayor Rhodes declared a dinner break.
Mayor Rhodes reconvened the Regular Council Meeting at 6:15 p.m. for the
continuation of the discussion of the Budget for FY 1991-92.
City Manager Garza referred to the funding for Emergency Medical Services and
informed the Council that RTA is willing to move forward with the funding in the amount
of approximately $425,000 for this year, and future funding will be discussed. He stated that
he planned to have a recommendation next week for the appointment of a committee to
work on this matter and described the makeup of the committee.
City Manager Garza then referred to the Community Development Department and
explained that the increases represent improved cleanup efforts performed by the
Neighborhood Improvement Division which is approximately 44 percent of the departmental
budget.
City Manager Garza then described the Engineering Department's budget which is
funded in a manner similar to that of a private engineering firm in that most of the
employees' salaries are charged to the bond fund or other project funding.
Council Member Martin questioned the discrepancies between the figures shown on
Page 9 of the budget summary and the figures shown in the detailed section of the budget
for the Engineering Department. He also inquired as to how $1.1 million could be spent
over the amended budget for this year. Mr. Martin suggested that a full discussion should
be conducted on this aspect of the budget.
City Manager Garza explained that the street lighting cost was one of the factors that
necessitated the increase due to the increase in tariffs.
City Manager Garza assured Council Member Martin that the fund is in balance even
though the figures do not seem to reflect this.
Council Member Martin then referred to the budget for Community Development
and inquired if the increase in funding would make this a cleaner City, and City Manager
Garza stated that $55,000 in contractual services is for clean-up of lots.
Minutes
Regular Council Meeting
June 11, 1991
Page 11
Council Member Martin continued by stating that the Council is particularly
concerned about clean-up of the City, better service by police, firefighters and EMS, yet
there is an $800,000 item in Engineering that does not result in any improvements. He
suggested that consideration might be given to reducing the time that street lighting is in
operation in order to reduce costs. City Manager Garza admitted that this was a possibility.
City Manager Garza then referred to the Fire Department budget and pointed out
that the increase was necessitated as a result of collective bargaining increases.
Council Member Slavik requested an explanation of contractual services, and
Director of Finance Rosie Vela stated that she will send the Council a copy of all of the
contractual services for all departments.
In a further reference to the Fire Department budget, Mayor Pro Tem McComb
suggested reducing the administrative increases, and City Manager Garza reiterated that
most of the increases in this particular budget were the result of labor union costs.
On another subject, Council Member Guerrero questioned the City Manager about
the source of funds for the settlement of lawsuits, noting that the City is involved in several
lawsuits which might result in expensive payments if the cases are lost. He mentioned in
particular the Landmass lawsuit which would cost the City $2.5 million.
City Manager Garza stated that the City is self-insured and money would just have
to be found somewhere if judgment is against the City. He responded to the question on
the Landmass lawsuit, stating that he felt that the City was in the right and he would
recommend another appeal if the current one is lost.
City Manager Garza then explained the Health Department budget, emphasizing the
fact that it is actually funded by three different sources -- City, County and state, but that
this budget represents only the City's portion.
Council Member Moss inquired if it would not be feasible for the City to have
contracts with the state and county for the services provided, and Mr. Garza agreed that
would be a good idea, but if one entity decided to discontinue funding, the City would have
to pay the costs.
Dr. Nina Sisley, Director of the Health Department, explained that at this time the
state is eliminating through attrition individual positions which they fund and after this
process has been completed, the City will then be dependent upon a contract for funding
from the state.
Council Member Guerrero suggested that prior to the adoption of the budget, all of
the flaws in the Mercer Report should be addressed.
Minutes
Regular Council Meeting
June 11, 1991
Page 12
In a return to the subject of EMS, Mayor Pro Tem McComb suggested that the
allegations about the inefficiency in the operation of the service should also be discussed.
He expressed the opinion that although there is room for improvement in the operation of
the service, it is still operated very efficiently at this time. Discussion followed on this
operation.
City Manager Garza referred to the budget for the Inspections Division and informed
the Council that the only increase is the cost of living and stated that there is a need for a
good computer system in this department.
Council Member Martin inquired about the percentage of the budget that is covered
by revenue from fees, and City Manager Garza provided a report on this later during the
meeting. (The anticipated revenue from fees is $652,400, which represents 72.17% of
recovery.)
Council Member Galindo inquired if the City had ever considered allowing City
employees to purchase computers, learn how to operate them, following which the City
would benefit from the knowledge they attain, and City Manager Garza explained the legal
problems with that proposal.
City Manager Garza suggested delaying decisions on EMS funding until discussions
can be conducted with RTA.
Council Member Martin pointed out that EMS is a basic, necessary service just as
important as police and fire protection, but no one has suggested reducing the level of
service for those departments. He expressed the opinion that since EMS is another safety
type of function, there is no reason why the service receives so much criticism. He stated
that it should be operated as efficiently as possible and probably should be upgraded to
reduce response time.
Council Member McNichols agreed that EMS should be upgraded and mentioned
that in 1985, a request was made for two full-time civilian instructors who would be
responsible for continuous training. Dr. McNichols stated that he would like that suggestion
considered as part of the program.
Council Member Slavik inquired about the RTA's suggestion that EMS should be
operated more efficiently, and Mayor Pro Tem McComb explained that the state legislation
passed allows RTA to pay for the portion of the operation that is directly involved in
transportation and City Manager Garza just needs to identify those costs. Mr. Garza stated
that RTA is delaying because the business plan has not been worked out, but that he will
continue working with RTA and hopefully a decision will be made prior to August 1.
City Manager Garza referred to the Parking Improvement Fund and urged that the
Council approve charging for parking at all meters in the downtown area. He pointed out
Minutes
Regular Council Meeting
June 11, 1991
Page 13
that enforcement of limitation on parking must be provided anyway, and this could be a
method of funding that enforcement.
Council Member Guerrero contended that allowing citizens to park free in many
areas of downtown has not increased development. He requested a report on the results
of the free -parking program. City Manager Garza stated that he will provide the Council
with a report, but he did not believe that there has been a significant change.
City Manager Garza stated that his presentation on the budget for this date was
completed.
In connection with the recommendation that the City purchase new computer
equipment, Mayor Pro Tem McComb requested a list of all computers in the City.
There being no further discussion on the budget, Mayor Rhodes adjourned the
meeting at 7:55 p.m. on June 11, 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 June 11, 1991, which were
approved by the City Council on June 18, 1991.
WITNESSETH MY HAND AND SEAL, this the 20th day of August, 1991.
anW/419 &pc --
Armando Chapa
City Secretary