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HomeMy WebLinkAboutMinutes City Council - 09/17/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 17, 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 Marvin Hicks of Calvary Tabernacle, Inc., following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 September 10, 1991, and Council Member Slavik noted a correction in the spelling of a name on Page 11. Mayor Rhodes proclaimed the Minutes approved as amended. Mayor Rhodes recessed the Council Meeting to conduct the JTPA Executive Committee Meeting. ............. Mayor Rhodes reconvened the Council Meeting and called for the presentation on Project Compass. Mr. Alan Wilson, 3613 Prosper, representing Project Compass, a subcomittee of United Way, provided an interim report on the human service needs of the Coastal Bend. MICROFilbtED Minutes Regular Council Meeting September 17, 1991 Page 2 He stated that the "Compass" partnership is in its third phase, that of developing action plans to deal with identified service needs through existing organizations and coalitions. He advised that Project Compass will continually be surveying the needs of the community and developing plans to meet those needs. Mr. Wilson stated that he will provide periodic updates to the Council. i f s Y t i i U i i• t# Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 5, and a Council Member requested that Item 2 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-257 Motion approving supply agreements for liquid cationic polymers and powdered activated carbon in accordance with Bid Invitation No. BI -0209-91 with the following companies for a total of $215,098.37 as based on best bid. The terms 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. Funds have been budgeted in FY 91-92. Calgon Corporation Pittsburgh, PA Liquid cationic polymers Total: $185,043.17 Grand Total: $215,098.37 Van Waters & Rogers Corpus Christi, TX Powdered activated carbon Total: $30,055.20 The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 3. SECOND READING AMENDING THE ZONING ORDINANCE, ARTICLE 26, NONCONFORMING USES, BY REPEALING SECTIONS 26-1, 26-8, AND 26-9. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 4. SECOND READING AMENDING THE ZONING ORDINANCE, ARTICLE 30, BY AMENDING CHANGES AND AMENDMENTS. Minutes Regular Council Meeting September 17, 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." 5. SECOND READING AMENDING THE ZONING ORDINANCE, ARTICLE 27, SUPPLEMENTARY HEIGHT. AREA. AND BULK REOUIREMENTS, BY AMENDING SECTION 27-3.04.06. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." ♦ i• i♦•* s i t u** Responding to questions from Mayor Pro Tem McNichols on Item 2, brine discharges into Nueces Bay, Victor Medina, Public Utilities Director, advised that the pre -hearing conference which will be held by the Railroad Commission on September 26 will be very informal, and City Manager Garza stated that at the hearing, a schedule will be determined as to how they will proceed with the formal process. He stated that up until that time, they would not be aware of the number of people who would contest the City's position. Mr. Garza stated that he will check with the Railroad Commissioner regarding the process and inform Dr. McNichols. In response to a question from Council Member Moss, Mr. Medina stated that a hearing examiner will be at the pre -hearing and that he in turn will present the information to the Railroad Commission. Mr. Moss stressed the need for impressing the hearing examiner of the necessity to alleviate this problem because he will report that to the Railroad Commission. City Attorney Bray stated that ultimately there will be a hearing before the Texas Railroad Commission and the lawyers for the parties can bring to the Commission's attention whatever part of the record they wish to. City Secretary Chapa polled the Council for their votes and the following resolution passed: 2. RESOLUTION NO. 021245 URGING STATE AND FEDERAL AGENCIES TO PROHIBIT DISCHARGE OF OILFIELD BRINE INTO NUECES BAY. The foregoing resolution passed by the following vote; Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Minutes Regular Council Meeting September 17, 1991 Page 4 Mayor Rhodes called for consideration of Item 6, land lease renewal agreement - Semtech. City Manager Garza advised that this proposal will preserve about seventy jobs for the City; it would create more jobs in the future; and he is comfortable with the provisions of the lease. City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading: 6. FIRST READING AUTHORIZING THE EXECUTION OF A 10 YEAR LEASE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI, TEXAS, AND CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION; APPROVING AND AUTHORIZING EXECUTION OF A 10 YEAR SUBLEASE BY CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION TO SEMTECH CORPUS CHRISTI CORPORATION OF THIS PROPERTY LEASED TO CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION; AUTHORIZING CITY OF CORPUS CHRISTI TO EXECUTE A 20 YEAR LEASE WITH SEMTECH CORPUS CHRISTI CORPORATION ON THE SAME TERMS AND CONDITIONS UPON TERMINATION OF THE 10 YEAR LEASE AND SUBLEASE ABOVE REFERENCED; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Mr. John Crutchfield, 101 Lakeshore, Vice President of the Airport Development Corporation, provided background information and stated that the agreement has taken approximately a year to develop. He suggested that the City find ways to handle matters of this nature in a more expeditious manner. s s s s s s t e s a a s* Mayor Rhodes announced that the presentation on the City's Seal Coating Program will be given after the Council Meeting. Mayor Rhodes called for the City Manager's report on the water update. City Manager Garza reported that the City has not had any appreciable water flowing into the two lakes. He stated that it has rained in that area and it will take a couple of days before the water can be measured. He provided the Council with a list of issues from the various parties involved in the dispute and a copy of the Texas Water Commission's proposed compromise. He stated that the compromise is not acceptable in that it does not incorporate the City's three conditions. Mr. Garza reminded the Council that on September Minutes Regular Council Meeting September 17, 1991 Page 5 18, the Texas Water Commission will hear the City's request to lower the water release for September. Mr. Garza stated that there is a provision in the interim order wherein if the salinity levels in Nueces Bay go beyond the expected lower limits, the City would be relieved from the requirement to release water the following month. He advised that he is in the process of working towards not having to release the October water releases. Mayor Rhodes requested that the water level be reported on the weekly water update report. Mayor Pro Tem McNichols stated that the rains which occurred up north did not appear to have helped us much, stating that during that period of time, the evaporative losses have resulted in about another six -tenths of a foot decrease. City Manager Garza informed the Council that the City received notification from the State about a piece of legislation passed by the legislature concerning the fee which the State charges for disposal of solid waste. He stated that as a result of this legislation, the rates will be raised. Tom Utter, Public Works Director, presented a summary of State fees for solid waste disposal prior to September 1, 1991 and State fees after September 1, 1991. Mr. Utter reviewed House Bill 11 which provides over a 200 percent increase in State fees and he discussed what the impact would be on the current City fee structure. He stated that a $1.50 per ton State fee has been initiated starting September 9, 1991 at the landfill, and a residential State fee of 23 cents per month will be initiated in the residential billing starting September 20, 1991. A brief question and answer period ensued. Council Member Martin stated that he thought when the Council adopted the ordinance, that they were adopting a single rate. He asked to see a copy of the ordinance. Mr. Martin suggested breaking down the utility bill by distinguishing City and State fees to better inform residents about the higher rates. Mayor Pro Tem McNichols expressed concern of imposing another increase on top of our regular fees. Responding to a question from Council Member Slavik, City Manager Garza stated that the State fees were lower when the City passed its ordinance and at this time, the fees have been increased. Mrs. Slavik concurred with Council Member Martin about breaking down the utility bill, stating that the public needs to be informed. She expressed concern about the high rates. Mayor Rhodes called for Council concerns and liaison reports. Minutes Regular Council Meeting September 17, 1991 Page 6 Council Member Martin referred to the solid waste fee increase and stated that the private haulers are explaining the increase to their customers and from a public relations standpoint, he recommended that the City should do the same. Mr. Martin requested a copy of a memo which was sent out sometime ago regarding the effect of the City's rate on customers. Mr. Martin inquired if staff has had an opportunity to check into legislation on the effect the new sales tax law will have on awarding contracts, and City Attorney Bray stated that staff is still working on that and will provide an update. Council Member Slavik referred to the notice relative to the Reinvestment Zones and the County Education Districts. She inquired if staff has considered how this might affect the Aquarium bonds, and City Manager Garza stated that staff has done some research on this; and he is of the opinion that the Reinvestment Zone's set aside revenues are protected; and that the law does not exempt the County Education District from the effect of the Reinvestment Zone. He stated that the Corpus Christi Independent School District is aware of the City's position and it is being pursued vigorously. Mrs. Slavik inquired if the City should involve the Texas Municipal League, and City Manager Garza responded that is a possibility, stating that we need to make sure the City's position is on record. Mrs. Slavik inquired about the director's appointment for the Quincentenary Commission, and Mayor Rhodes responded that it is a Mayor's appointment and she has sent the commission a letter authorizing them to choose their own chairman. Mayor Pro Tem McNichols expressed concern about the solid waste issue regarding the fee for the small haulers over the projected increase. He asked if there would be a major increase for the small hauler in what he was paying to what he will be paying, and Mr. Utter stated that in terms of the City's increase, it would roughly be a forty -percent increase. Dr. McNichols stated that he does not want the small haulers to feel that they are being forced to illegally dispose of their trash. Mr. Utter stated that staff will meet with the haulers individually to explain the impact of the new State rates. Dr. McNichols questioned when the waste pump -out facility on the Island would be in place and functional, and City Manager Garza stated that staff is working on that and it should be in place in about thirty to sixty days. Dr. McNichols inquired when zoning for the proposed go-cart facility adjacent to the South Bay subdivision will be brought before the Council, and City Manager Garza stated that he will check into the matter and provide the information to Dr. McNichols. Council Member Moss referred to the anti -abortion demonstrations which caused police overtime and asked if the City would be reimbursed for the overtime expense for the police, and City Manager Garza stated that the City will not be reimbursed and he will Minutes Regular Council Meeting September 17, 1991 Page 7 provide the figures to Mr. Moss. Mr. Garza stated that the demonstrations occurred every weekend and the police had to oversee the situation. Council Member McComb commented in regard to the interim report of the EMS Ad Hoc Committee, and it was the consensus of the Council to give the presentation during the October 1 Council Meeting. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Raymond Hasker, 1813 Wallace, spoke on the subject of Richard Valls' resignation from the Port Commission. Mr. Ronald Hudson, 3556 Austin, commented on the subject of separation of religion and State. Mr. Ron Rowell, 5053-A Meandering Lane, Superintendent of the West Oso School District, spoke about advertising and billboard signs that promote alcohol, tobacco products and right -to -life type clinics. He stated that the school board has prepared a resolution and requests the City's support regarding the type of legal activity for the kind of advertising which can be made public, and Mayor Rhodes noted the first amendment rights, stating that the Legal Department will render an opinion on this matter. Council Member Guerrero advised that a request for a legal opinion had previously been submitted, and City Attorney Bray stated that it is substantially ready at this point but needs a little more review, and Mr. Guerrero suggested that a copy of the opinion be given to Mr. Rowell. Mr. Sonny Sanfilippo, Garland, Texas, Regional Landfill Manager for Waste Management in South Texas, provided background information and clarified statements regarding anti-trust violations made against Waste Management. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 3:15 p.m. on September 17, 1991. i i i i t* Y U Y i i y t 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 17, 1991, which were approved by the City Council on September 24, 1991. WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991. 4,6473 lb/I-- Armando Chapa City Secretary