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HomeMy WebLinkAboutMinutes City Council - 09/03/1991MINU 1ES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 3, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Cezar Galindo Leo Guerrero Betty Jean Longoria Edward Martin Joe McComb Clif Moss Mary Pat Slavik City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Commanding Officer Don Burlock of the Salvation Army, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. 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 Rhodes called for approval of the Minutes of the Regular Council Meeting of August 27, 1991, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes announced that the resolution concerning the flagpoles at the Watergarden has been temporarily postponed until the formal ceremony has been conducted. 1. POSTPONED ACCEPTING THE NINETEEN 9190 FLAGPOLES WHICH HAVE BEEN ON DISPLAY IN THE WATERGARDEN AREA THIS SUMMER FROM MM wJLMED Minutes Regular Council Meeting September 3, 1991 Page 2 WHATABURGER, INC. AND THE FOUNDATION FOR ARTS AND SCIENCES. * * s * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2 thru 16, and Council Members requested that Items 3, 4, 5 and 6 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M91-244 Motion approving a supply agreement for approximately 7,275 ceramic road markers in accordance with Bid Invitation No. BI -0251-91 with Renco Supply, Pflugerville, Texas, based on the low bid of $22,937.50. The term of the contract will 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. These items will be used by Traffic Engineering and funds have been budgeted for FY 91-92. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 7. SECOND READING AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING COMMI FI EE, OF THE CITY CODE OF ORDINANCES TO INCREASE THE NUMBER OF MEMBERS ON THE STEERING COMMITTEE OF THE SISTER CITY COMMI FIFE FROM 15 TO 21; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 8. SECOND READING AUTHORIZING THE RENEWAL OF A ONE YEAR LEASE AGREEMENT, NO. DTFA07-92-L-01001, WITH AN AUTOMATIC RENEWAL OPTION UNTIL SEPTEMBER 20, 2001, WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE USE OF A 200 -FOOT BY 200 -FOOT SITE IN EVELYN PRICE PARK FOR AN AIRPORT SURVEILLANCE RADAR STATION, AT NO COST TO THE FEDERAL GOVERNMENT; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting September 3, 1991 Page 3 The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 9. ORDINANCE NO. 021231 AMENDING THE CODE OF ORDINANCES, CHAPTER 4, ALCOHOLIC BEVERAGES, SECTION 4-1, ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL PROPERTY AND IN CERTAIN PARK AREAS; AND CHAPTER 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES, SECTION 36- 11, CURFEW; ALCOHOLIC BEVERAGES, BY PROHIBITING THE POSSESSION, USE, OR CONSUMPTION OF ANY ALCOHOLIC BEVERAGE IN CERTAIN DESIGNATED PARKS AND RECREATIONAL FIELDS DURING CERTAIN HOURS. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 10. SECOND READING CLOSING AND ABANDONING A 4 -FOOT WIDE BY 20 -FOOT LONG UTILITY EASEMENT ALONG THE COMMON LINE OF LOTS 25 AND 26, BLOCK 23, LINDALE PARK SECTION II; SUBJECT TO CERTAIN PROVISIONS. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 11. SECOND READING PROHIBITING AN OWNER, OPERATOR OR EMPLOYEE OF A BUSINESS ESTABLISHMENT FROM KNOWINGLY ALLOWING A MINOR ON THE ESTABLISHMENT PREMISES IN VIOLATION OF CURFEW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 12. SECOND READING PROHIBITING PRESENCE IN PARKING LOTS AT CERTAIN TIMES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting September 3, 1991 Page 4 The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye" 13. SECOND READING PROHIBITING DRIVING THROUGH PARKING LOTS AT CERTAIN TIMES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 14. SECOND READING PROHIBITING DRIVING A MOTOR VEHICLE A THIRD TIME PAST A TRAFFIC CONTROL POINT UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 15. SECOND READING INCREASING FINES FOR CITY ORDINANCE VIOLATIONS TO A MAXIMUM OF FIVE HUNDRED DOLLARS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye? 16. SECOND READING CHANGING THE NAME OF ROAD "H" EXTENSION, WHICH WAS RECENTLY ANNEXED TO THE CITY, FOR THAT PORTION THAT EXTENDS WESTERLY FROM THE NORTH -SOUTH EXTENSION OF ROAD "H," TO SAFETY STEEL DRIVE. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Relative to Item 3, approving supply agreements for clay sewer pipe and related fittings, Council Member Galindo commented on the small difference between the local bid Minutes Regular Council Meeting September 3, 1991 Page 5 versus the out-of-town bid, and City Manager Garza stated that the Council endorsed legislation which did not pass that would have allowed the City to give local preference within a certain percentage. He stated that the City can exercise local preference if we can place some economic value to entering into a contract with a local vendor, but in this case, he stated we cannot assign any economic value to dealing with the local vendor. Council Member Martin stated that under the new State law where contractors purchase materials could now become a factor in a bid calculation in terms of whether the City gets the one percent sales tax. He suggested that contractors be encouraged to buy materials locally because that is an economic advantage to the contract. On Item 4, approving supply agreements for herbicides and related products, Council Member Slavik inquired if staff takes into consideration any environmental concerns before choosing these particular herbicides, and Mayor Rhodes stated that the City is very conscientious of where the herbicides are sprayed, and City Manager Garza stated that these chemicals cannot be sold unless they comply with EPA regulations. He stated that the City is careful in the areas in which the herbicides are applied so that the environment is not affected. Responding to questions from Council Member Moss on Item 5, approving a supply agreement for uniform rental service, City Manager Garza stated that this service is required for departments that have constant exposure to difficult stains. Jorge Garza, General Services Director, elaborated on the number of uniforms and where they will be used. Council Member Slavik expressed support of Item 6, resolution to apply for small business administration grant, from the Small Business Administration National Tree Planting Program on Public Lands. City Secretary Chapa polled the Council for their votes and the following items were passed: 3. M91-245 Motion approving supply agreements for 8,802 feet of clay sewer pipe and related fittings ranging in size from 4" - 15" and 8,902 feet of PVC SDR 26 sewer pipe and fittings ranging in size from 4" - 8" in accordance with Bid Invitation Nos. 13I-0104-91 and 13I-0105-91 with the following companies for the following amounts based on low bid and low bid meeting specifications for a total estimated annual expenditure of $59,535.92. 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 stocked in the Warehouse and used by the Wastewater Department. Funds have been budgeted for FY 91-92 by the Wastewater Department. Mission Clay Products San Antonio. Texas $36,322.70 Noland Co. Corpus Christi Texas $23,213.22 Minutes Regular Council Meeting September 3, 1991 Page 6 (clay sewer pipe & fittings) (PVC SDR 26 sewer pipe & fittings) (Subject to price adjustment) Grand Total: $59,535.92 The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 4. M91-246 Motion approving supply agreements for herbicides and related products in accordance with Bid Invitation No. BI -0228-91 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $74,276.60. 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 Street, Water and Park and Recreation Departments. Funds have been budgeted for FY 91-92 by the using departments. Wilbur-Ellis/Tide Division Van Waters and Rogers Edinburg, Texas Corpus Christi. Texas $41,201.60 $33,075 Grand Total: $74,276.60 The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 5. M91-247 Motion approving a supply agreement for uniform rental service in accordance with Bid Invitation No. BI -0283-91 with Texas Industrial Services, Corpus Christi, Texas, based on low bid for an estimated expenditure of $26,228.80. The term of the contract shall be twenty-four 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. This service is used primarily by Maintenance Services and funds have been budgeted for FY 91-92. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 6. RESOLUTION NO. 021230 AUTHORIZING THE CITY TO APPLY FOR AN URBAN FORESTRY GRANT SPONSORED BY THE SMALL BUSINESS ADMINISTRATION NATIONAL TREE PLANTING PROGRAM ON PUBLIC LANDS. Minutes Regular Council Meeting September 3, 1991 Page 7 The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye:' x s a+ s a s x r• r s s Mayor Rhodes called for Council concerns and liaison reports. Mayor Pro Tem McNichols commented about the deplorable condition at the entrance to the City on Highway 37 and Shoreline. He noted that it is the State's responsibility and asked if something could be done, and City Manager Garza stated that he would meet with Mr. Nino Gutierrez, stating that he is aware of the problem. Council Member Guerrero requested a comparative analysis of the income for the Coliseum since Nolan Services took over, as compared to when Ogden Allied had the contract. The Council went into closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S., regarding City v. J. P. Stevens et al, No. 89-5217-D, 105th District Court. r. x r r• r• x s<• r Mayor Rhodes reconvened the Council Meeting and called for the discussion on the water issues and the TAC Report. City Manager Garza stated that he met with Dr. Michael Speed, Chairman of the Mayor's Committee on water issues, and Mr. Tim Brown, the attorney representing the City on water rights water rights, and they are prepared to moved forward with the specific recommendations presented by Dr. Speed at last week's Council Meeting. Council Member Martin stated that some of the recommendations are inconsistent with the plan approved by the Council, and City Manager Garza stated that they have the same concerns with the plan as developed by the TAC, but these are adding conditions to the plan and not taking exceptions from any of its provisions. Mr. Martin inquired if the City could specifically make a motion to include all of these items as part of our response. Mr. Tim Brown, the attorney representing the City's water rights, stated that he would not recommend that the City start enunciating their specific recommendations at this point, stating that it would be better to approach this vaguely and let them determine where the City is coming from, rather than announcing it to them. Discussion ensued and Council Member Martin inquired if the City is proceeding with its water conservation plan or that of the Texas Water Commission, and City Manager Garza replied that at this point, we are operating under our plan. Mayor Pro Tem McNichols stated that the Council accepted the report of the Technical Advisory Committee as it was written, except for three additional stipulations and those were rejected by the representative of the Texas Water Commission. He pointed out Minutes Regular Council Meeting September 3, 1991 Page 8 that the City is only one party in this entire process, stating that we have to be very careful what our position is because there are other parties who have their own positions that are entering into the process. He inquired if the Council wanted to consider taking another position, stating that he is not convinced that all the recommendations can be added as the process evolves. He requested a schedule of events for the Texas Water Commission's proceedings. Mr. Brown stated that a meeting will be held tomorrow, the objective being to define what the issues are before the hearing examiner. He stated that irrespective of whatever issues are generated out of this process, our obligation is to put in that record whatever evidence is necessary to maintain that the water rights of the City are being impaired and to their nature and extent, so that whatever the conclusion is before the hearing examiner or the TWC itself, there will be adequate factual material to support a legal position before the courts of the impairment that the agency is making of the City's adjudicated water rights. Responding to a question from Mayor Rhodes as to why the City should not inform the Texas Water Commission that we are not going to release any water, Mr. Brown stated that the City would be welshing on an agreement. Mayor Rhodes then recommended proceeding forward in the manner that the attorney advised. Mr. Brown stated that there are two ways of doing something, a lawful way and an unlawful way, and the process that we are going thru is a lawful way to accomplish our ultimate objectives. Dr. McNichols expressed concern that what the City has agreed to at this point are releases, which he believes are incompatible with the welfare of the Coastal Bend in the next twenty years. Mayor Rhodes stated that she has advised the TWC about the Mayor's task force working on this water issue and if there is additional data, the City reserves the right to present new data. Mr. Brown made statements clarifying questions from Council Member McComb dealing with the wording in the permit for condition 5b and the role of the Technical Advisory Committee. Mr. Brown stated that the TWC imposed the interim order in May period of 1990 in response to the complaint filed by a group called C.A.R.E. Council Member McComb stated that the releases are causing an artificial drought and the public has a question as to why the City is lawfully standing by and draining the lake. He stated that he is not advocating breaking the law but he certainly is not advocating draining the lake. Mr. Brown responded to a series of specific questions raised by the Council and following more discussion, Council Member Moss expressed concern about the water releases and the fact that the Council cannot speak directly to the TWC. Mr. Brown stated that at the time the proposal goes before the Commission, the Council would be entitled to address the full commission. Minutes Regular Council Meeting September 3, 1991 Page 9 Council Member Guerrero questioned why the City does not bypass the TWC hearing and go to court now, and Mr. Brown stated that there is a rule that requires any litigant to exhaust their administrative remedies. Mr. Brown stated that we are expediting the hearings by moving them forward as quickly as possible. City Manager Garza presented the Council with a schedule of the hearings. Mayor Rhodes inquired about TAC's decision for a reduced amount of water, and Mr. Brown stated that the hearing examiner has tendered a report to the commission; it will be considered as a consent matter on the 18th of September; and he would anticipate that management will operate its releases in accordance with that newer schedule. Mayor Pro Tem McNichols stated that we need to define our ultimate objectives in the next few weeks. He stated that at thirty percent in the reservoirs, the releases are suspended, but the adverse effect on the economy will be well under way at that point. He asked about the equipment for the salinity testing, and it was the consensus of the Council that this matter be presented next week as an emergency item. Mayor Rhodes suggested that the City Manager's report contain an update on water issues each week. Council Member Martin stated that it is critical to note that the TWC knows that those of us who acquiesced to a procedure feel no less strongly about the water issue. He asked for a copy of the paragraph in the permit regarding releases. He stated that Mr. Brown is the City's attorney and representing our interests. He pointed out that staff, our attorneys, and Dr. Speed, as he represents the Mayors' water committee, are perhaps not in concurrence as to how we may have proceeded, but are in concurrence as to how we should proceed and to what our goals are. Council Member Slavik concurred with the attorney's plan and suggested that the scientific team be made an additional subcommittee of our water committee in a non -paid voluntary capacity, and Dr. Speed stated that we do not have all the expertise needed and he believes that it would be an undue burden to ask volunteers to undertake a project of this magnitude. He stated that the team would review the work that has been done so far and would give suggestions on the analyzing of the data that we will get from the salinity monitors. Mayor Pro Tem McNichols stressed the importance of the scientific team, and Mayor Rhodes stated that we need to approach this with the idea that it is a serious problem and it warrants a second opinion. Mayor Rhodes declared a five-minute recess. ► s a s s***:*** Mayor Rhodes reconvened the Council Meeting and called for the discussion on the zoning text amendments. Minutes Regular Council Meeting September 3, 1991 Page 10 Planning Director Harvey presented background information; he summarized events leading up the reasoning for the Flour Bluff exemption regarding nonconforming mobile homes; and he discussed the Flour Bluff comprehensive plan. He presented the Council with possible alternatives to the Planning Commission's recommended text changes. Mr. Harvey stated that based on Council discussion, staff is attempting to find a way to accommodate some of the nonconforming uses, particularly in the Flour Bluff area, that the Council is willing to allow to remain while reducing the exemption as it applies to the rest of the City. Discussion ensued and Council Member Martin concurred with the language presented regarding the ownership and initiation of zoning map changes. Mayor Pro Tem McNichols expressed concern about item 4, concerning the restoration time in regard to nonconforming mobile homes. The Council agreed to add additional language in No. 4 regarding an extension. Dr. McNichols stated that there is nothing that we would be enacting in this ordinance that says that if a citizen is now in a mobile home which is his place of residence, he would have to leave. Mr. Harvey stated that through an investigation, staff has identified some uses which might be illegal. Dr. McNichols stated that he is concerned for property owners who own mobile homes that they would not be asked to leave the lot that they own, and Mr. Harvey stated that they would not be asked to leave unless they were illegal even prior to these changes. Mr. Harvey stated that mobile home owners who own the lots and the reason they are nonconforming is because of a comprehensive change in their zoning, would be allowed to remain. Mayor Rhodes suggested that the suggested possible alternatives to the Planning Commission's recommended text changes be placed on the agenda for first reading next week. Council Member Slavik stated that when the Council votes on this issue, they will not be requesting people to take action. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. E. R. Barker, 2838 18th Street, spoke of juvenile crime in the City. He encouraged everyone to report burglaries and suggested that the public keep their doors locked. Mr. Ron Hudson, 3556 Austin, commented on the proposed ordinance in regard to the endorsement of religion, stating that it has been ignored, and Mayor Rhodes stated that the Council is in accordance with the manner in which the petition was handled. Minutes Regular Council Meeting September 3, 1991 Page 11 Mr. Philip Rosenstein, 949 Bobalo, expressed opposition to remarks made at last week's Council Meeting by a Council Member. He then spoke about freedom of speech. Mr. J. E. O'Brien, 4130 Pompano, discussed figures regarding the Choke Canyon debt. He stated that remarks made at last week's Council Meeting were out of line and in his opinion, the Council Member owes a public apology to the individuals that he offended. Mr. O'Brien invited the Council to an anti -tax rally which will be held at the courthouse on Wednesday. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:20 p.m. on September 3, 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 September 3, 1991, which were approved by the City Council on September 10, 1991. WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991. l' c, "'t(4 ci (: L Armando Chapa City Secretary