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HomeMy WebLinkAboutMinutes City Council - 10/01/1991MINUTES CITY OF CORPUS CHRISTI, ILXAS Regular Council Meeting October 1, 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 Dennis Miller, Associate Pastor of Cathedral of the Palms Church, 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 24, 1991, and there being no corrections, she proclaimed them approved as presented. Representatives of the Ad Hoc Committee on Emergency Medical Service presented an interim report of the committee's activities: Council Member McComb opened the presentation; Bill Hennings, Director of Development Services, discussed the business plan; Ron Coleman, EMS Director, reviewed EMS profiles; Fire Chief J. J. Adame presented a video presentation; and Richard Davis, EMS Medical Director, discussed a training outlook. Mayor Rhodes declared a ten-minute recess. s s s s e s s r t s r s. Minutes Regular Council Meeting October 1, 1991 Page 2 Mayor Rhodes reconvened the Council Meeting and referred to the Board and Committee appointments and the following appointments were made by the Council: (M91- 263) Nueces County Tax Appraisal District Leo Guerrero - reappointed Vic Penuel - reappointed Council Member Slavik abstained from the vote on the appointments. i# t i f i i t■ t■/ Y Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 13, and Council Members requested that Items 1, 2, 3, 4 and 6 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 5. M91-268 Motion authorizing the City Manager or his designee to accept a grant in the amount of $24,161 and to execute a contract and all related documents with the Texas State Library. These funds will be used to purchase books and microfilm for the local History/Genealogy collection at the Central Library. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 7. SECOND READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE AGREEMENT AMENDMENT WITH THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF FOR THE FACILITY LOCATED AT 5151 MCARDLE. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb abstaining. 8. SECOND READING AMENDING THE CITY'S CODE OF ORDINANCES, SECTION 53-252, TO PROHIBIT CURBSIDE PARKING AT ALL TIMES ON THE INTERSTATE 37 FRONTAGE ROAD EASTBOUND, NORTH AND SOUTH SIDES, FROM A POINT APPROXIMATELY 900 FEET EAST OF HART ROAD TO A POINT MICROFILMEr Minutes Regular Council Meeting October 1, 1991 Page 3 APPROXIMATELY 2,100 FEET EAST OF HART ROAD; 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." 9. SECOND READING AUTHORIZING THE EXECUTION OF A ONE-YEAR RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. S. GENE WILSON FOR A 20 ACRE TRACT OF LAND WITH IMPROVEMENTS LOCATED ON YORKTOWN ROAD, ACQUIRED FOR THE SOUTHSIDE SEWER TREATMENT PLANT PROJECT, AND APPROVING THE RENTAL FEE OF $500 PER MONTH. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 10. SECOND READING AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH M. DOYLE SLOUGH FOR A 46 ACRE TRACT OF LAND FROM THE SOUTHSIDE SEWER TREATMENT PLANT SITE LOCATED OFF YORKTOWN BOULEVARD; 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 second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 11. SECOND READING AUTHORIZING THE RENEWAL OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD NEMEC FOR A 20.598 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD AND APPROVING A RENTAL FEE OF EITHER A DESIGNAThD 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 second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Minutes Regular Council Meeting October 1, 1991 Page 4 12. SECOND READING AUTHORIZING THE EXECUTION OF AGREEMENTS WITH COASTAL BEND RENT -A -CAR, INC. D/B/A AWS RENT -A -CAR; MAR -JEAN TEXAS, INC., D/B/A HERTZ CORPORATION; NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC; DOLLAR SYSTEMS, INC. D/B/A DOLLAR RENT -A - CAR; AND PAGAN LEWIS MOTORS, INC. D/B/A BUDGET RENT -A -CAR OF CORPUS CHRISTI; 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." 13. ORDINANCE NO. 021254 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. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, ichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Ay In response to a question from Mayor Pro Tem McNichols on Item 1, approving a supply agreement for body armor, Police Chief Garrett described the equipment and stated that he would recommend it. Responding to questions from Council Member Slavik, City Manager Garza stated that the Police Department anticipates the need for 66 new vests but is requesting authorization to purchase 100 in the event of a catastrophic occurrence. In response to a question from Council Member Martin on Item 2, approving a supply agreement for laboratory testing of wastewater samples, City Manager Garza stated that the City can perform some of the testing for the elements and the water but cannot do the biomonitoring, and Victor Medina, Public Utilities Director, elaborated on the biomonitoring testing and stated that the City is presently not equipped to do it. Mr. Martin pointed out that the City has the capability, and City Manager Garza stated that he would check into it. Relative to Item 3, approving a supply agreement for maintaining approximately 186 personal computer systems, Mayor Pro Tem McNichols questioned the large difference between the low bid and the other bids, and City Manager Garza stated that the City has Minutes Regular Council Meeting October 1, 1991 Page 5 been working with this company on a time and materials basis; they have provided adequate service; and the new contract will provide faster and better service. Council Member Galindo stated that the background information specifies that future computers will be added to the service agreement and many of those will be IBM computers. He pointed out that this company will be supplying parts for IBM computers with non -IBM parts, stating that non -IBM products can do the job just as well. Council Member Moss expressed concern, stating that this is a lot of money to pay for maintenance, and Mr. Galindo stated that it is a reasonable price for maintenance. Ms. Chris Guerrero, a systems consultant, expressed concern about the maintenance agreement, stating that the intent of the service agreement is to provide a fixed price for repairs. She stated that the City primarily has IBM computers which require IBM parts. She stated that no evaluation has been made of the status of the functional capacity of these computers. She stated that it is not a responsible decision for companies to enter into a parts agreement without knowing the quantity of parts they will be replacing. City Manager Garza stated that some bidders are reluctant to bid maintenance agreements without fully inventorying and assessing the condition of the computers. He stated that this is a good bid from a company that has been doing business with the City. On Item 4, Corpus Christi symphony orchestra, Council Member Slavik inquired if the Municipal Arts Commission could share in the $12,000 funding obligation, and City Manager Garza stated that he did not consider that. He stated that it is a long-standing program and it has been budgeted. Council Member Moss expressed pleasure that it is written into the contract that the City will be recognized as a contributor on advertisements and publications. Responding to a question from Council Member Slavik on Item 6, annual insurance renewal, City Manager Garza stated that the City has a broker of record on its insurance. He stated that the broker is W. L. Dinn and Company and he discussed the broker's responsibility. Tomas Duran, Director of Management and Budget, stated that the renewal has been handled in this manner for four years. He stated that the fee is similar to the same amount as if it were based on a commission. Discussion followed in regard to the City's self insurance for hospitalization, and Mr. Duran responded to specific questions raised by the Council. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-264 Minutes Regular Council Meeting October 1, 1991 Page 6 Motion approving a supply agreement for body armor which includes approximately 100 protective vests and 20 additional carriers, (cloth outer shell), in accordance with Bid Invitation No. 13I-0279-91 with Texas State Distributors, Beaumont, Texas, based on total low bid for an estimated annual expenditure of $24,900. The term of the agreement 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. This armor will be used by the Police Department. Funds have been budgeted for FY 91-92 by the Police Department. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 2. M91-265 Motion approving a supply agreement for laboratory testing of wastewater samples, (Marine Biomonitoring) in accordance with Bid Invitation No. BI -0295-91 with Aquatic Bioassay Labs, Baton Rouge, LA, based on low bid for an estimated annual expenditure of $45,192. The term of the agreement 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. This laboratory testing will be used by the Wastewater Department. Funds have been budgeted for FY 91-92 by the Wastewater Department. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 3. M91-266 Motion approving a supply agreement for maintaining approximately 186 personal computer systems in accordance with Bid Invitation No. 13I-0305-91 with TexPro Computer, Corpus Christi, Texas, based on low bid of $38,814.48. 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. The agreement will be administered by the MIS Department and funds have been budgeted by MIS for FY 91-92. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 4. M91-267 Motion authorizing the City Manager or his designee to enter into an agreement with the Corpus Christi Symphony Orchestra to provide concerts at the Bayfront Auditorium, Harbor Lights, junior high schools and for thirty concerts at Latchkey and recreation center sites for a total of $12,000. Funding is provided in the FY 1991-92 budget. Minutes Regular Council Meeting October 1, 1991 Page 7 The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 6. M91-269 Motion recommending the City's insured policies be renewed through W.L. Dinn and Company at an estimated annual premium, including taxes, of $218,634.10 and a sole brokerage fee of $27,428.90. These policies include blanket buildings and contents, flood insurance, excess flood insurance, boiler and machinery, electronic equipment policy and an employee dishonesty blanket bond. Monies for these premiums are available in the City's Self -Insurance Fund. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report on the water update. City Manager Garza presented information to the Council and stated that the City continues to work towards a possible settlement but is preparing for a hearing if a satisfactory compromise cannot be achieved. Deputy City Manager Garza summarized issues following a meeting between the City and the Texas Water Commission in an attempt to reach an agreement on the interim order for fresh water releases. He stated that an agreement was not reached and Tim Brown, the City's attorney, is rewriting a proposed order to be submitted to the Texas Water Commission. He indicated that there will be a teleconference next week to try to iron out the final differences to determine whether a settlement can be reached. Mr. Garza stated that we will continue to work on a settlement on this issue and will update the Council. A discussion ensued and Mr. Garza responded to a series of specific questions from the Council dealing with the water levels, salinity levels and water releases. Mayor Pro Tem McNichols referred to the matter of whether or not to press for the mitigation of the City's releases based on the reduced salinity levels in Nueces Bay. He expressed the opinion that now that we have some salinity level data, we should push for an answer from the Texas Water Commission to allow us not to make the required releases. He suggested asking for a middle-of-the-road decrease in the City's water releases based on the data that we have. Mayor Pro Tem McNichols asked if the City would ask Tim Brown if he agrees with this statement, "that the Texas Water Commission can, if it chooses to, change the water release amount to a lower figure even though a permit that was issued states a certain figure." Minutes Regular Council Meeting October 1, 1991 Page 8 Responding to a question from Council Member Slavik on the brine issue, Mr. Garza stated that this issue is being handled by the Texas Railroad Commission. He stated that the City will present to them a list of issues by October 15 regarding the brine discharges, stating that the City will convene in a preliminary hearing on November 21 to discuss these issues. He stated that the City is moving forward with the salinity monitoring equipment. Council Member Martin asked what State agencies have intervened in the brine issue, and Deputy City Manager Garza stated that the interveners are the Texas Parks and Wildlife and the Texas General Land Office. Mr. Martin stated that it seems logical that if heavy rains have reduced salinity levels in the bay, we should not be required to make releases as stated in the interim order. He expressed concern that the City does not pursue relief from the Texas Water Commission. Following a lengthy discussion, Council Member Martin moved to direct staff to request that the City ask the Texas Water Commission, through a letter from Mayor Rhodes, for a reduction on the water releases based on the salinity levels as measured today. The motion was seconded by Council Member McComb and passed unanimously. Mayor Rhodes stated that the City needs to move forward in a manner that protects our system and that we try to reach a compromise quickly. City Manager Garza presented a general overview on the Del Mar improvements, specifically on Lawnview in regard to the sidewalks and the trees. He stated that he had done everything he could to accommodate the property owners' requests. He stated that the City has attempted to save as many trees as it could, noting that there are six additional trees which need to be cut down. He stated that he still recommends building the sidewalks on Lawnview. Council Member Guerrero asked if the problems of numerous zoning violations and non -conforming uses will be addressed, and City Manager Garza stated not at this time, this issue just deals with improvements to the right-of-way. Mayor Rhodes stated that the problem is that many fences and other structures are built on public property and the City has offered to move those fences which are in violation because they are on public property. She expressed the opinion that staff has gone out of their way to accommodate the residents. Council Member Martin expressed concern that the Council did not receive any information regarding this issue. He inquired about the Council's technical legal authority. City Manager Garza stated that the Council has the authority to make a decision and noted that his recommendation is from a public safety point of view. Mayor Rhodes called for Council concerns and liaison reports. Council Member Martin raised questions about the downtown fire station and their bonding company, and City Manager Garza stated that the City has gone back to the same Minutes Regular Council Meeting October 1, 1991 Page 9 contractor and they have agreed to tear out and reconstruct the foundation. He stated that the bonding company is Eagle Insurance and staff believes that they can safely satisfy ten percent margin of the total project cost. Mr. Martin asked why the City does not release them if they do not have the ability to bond the whole project and he expressed concern that the City went back to the same contractor, and City Manager Garza stated that they have a good reputation and have completed other work on time and within the specifications. Mr. Garza justified the reasons for going with the bonding company. Mr. Martin asked if the bonding company is still as strong as they were the first time or if they have had claims against them that have reduced their capital, and City Manager Garza stated not to his knowledge. Mr. Martin asked if anyone has checked, and the City Manager responded that no one has checked. Council Member Guerrero commented on the issue regarding the regulation of signs near West Oso High School. He made a motion to instruct staff to prepare an ordinance that would prohibit the advertising of alcohol and tobacco signs within a certain distance from schools, based on the case history and research. The motion was seconded by Council Member Galindo. Discussion followed and the motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, McComb, Moss and Slavik voting, "Aye'; Martin voting, "No." Mr. Guerrero spoke in regard to a complaint from an individual who lives on the corner of Angela and Westpoint about the ongoing problems of prostitution in the apartment complexes in that area, as well as the continued drug activity around Woody's Bar. He expressed concern that the City has not done anything and the problems still exist. Mayor Rhodes presented to the City Manager a complaint from Mr. Danny Noyola regarding no parking zones and a vacant lot. Council Member Slavik stated that she would like a monthly update regarding any Council action requests that take longer than one month to be answered by the staff. She referred to her June request regarding staff car usage, and City Manager Garza stated that he will provide the information to Mrs. Slavik. Mrs. Slavik commented in regard to a request by Valero to expand their enterprise zone. She stated that she has three concerns regarding expanding enterprise zones, and City Manager Garza stated that he will meet with Mrs. Slavik to specifically answer her questions. Mayor Pro Tem McNichols talked about funding for two additional EMS instructors to increase the quality of the EMS program. He expressed concern that the City does not make some kind of arrangement to provide for the two EMS instructors. It was the consensus of the Council that a recommendation on this issue be presented to the Council. Minutes Regular Council Meeting October 1, 1991 Page 10 Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Ms. Mary Beth Nelson, 2721 Erie Drive, asked that the City Code be revised for fund raising and to strengthen door-to-door solicitations. She stated that currently the Texas Solicitation Act requires that door-to-door solicitors allow their customers 72 hours after the sale in which to change their minds and receive a full refund. She recommended adding another seven days. Mayor Rhodes asked the City Attorney to check into what can be done about deceptive practices and about extending the amount of time to allow individuals to change their minds. Mr. Leon Perez, 904 Buford, commented about the salinity problem in the bay. Mr. Delbert Seese, 2009 Hudson Street, inquired as to when the sidewalks will be built on Hudson Street, and City Manager Garza stated that he will provide him with the schedule. Mr. Seese then spoke about the traffic signal at Prescott Street and Horne Road. Mr. Brian Sichel, Texas Forest Service, stated that he has examined the trees on Lawnview and evaluated them according to their health and age. He stated that the City is working very well with the citizens and keeping the best interest of the trees in mind. He stated that the trees scheduled to be removed are either older trees or diseased. The following individuals expressed opposition to the Del Mar improvements regarding the sidewalks and trees on Lawnview: Ms. Cynthia Scott, 422 Palmero, suggested that the City replace the trees that have been taken out. Mr. Jesse Richeson, 345 Palmero, suggested making an amendment to the ordinance and that the Del Mar neighborhood remain the way it is. Mr. John Dancey, 400 Naples, suggested a plan for a 24 -foot wide street and a four - foot wide sidewalk. He commented about a variance that has been granted and spoke on the issue of sewer systems underneath the sidewalks, and City Manager Garza stated that the City considered putting the sewer lines under the sidewalks but it is an economical decision. He stated that the sewer system will go under the streets. Regarding the variance, Mr. Garza stated that the City made the same offer to every single resident which was to move their encroaching fences back behind the property line at the City's expense or move the sidewalks further out. Mr. Skip Jones, 401 Southern, read a prepared statement expressing concern about the Lawnview improvements. He stated that the plan interferes with the use of his driveway. Minutes Regular Council Meeting October 1, 1991 Page 11 Ms. Dorothy Spann, 502 Del Mar, presented material to the Council and stated that exceptions have been made to the ordinance concerning sidewalks. She expressed opposition to the sidewalks. Ms. Katherine Brookbank, 320 Cole, representing the Del Mar Association, expressed concern that the overall project would be held up because of the concerns on Lawnview. She then talked about the sewer lines and asked that they be put in now. City Manager Garza reviewed the status of the sidewalks and stated that it would be a considerable additional cost to put the lines in now. Council Member Moss recommended keeping the project moving forward and considering the sewer systems as a separate issue. Council Member Galindo requested cost figures regarding the sewer lines for a meeting he is attending on October 8. Ms. Brenda Meter, 345 Southern, expressed concern about putting in sidewalks. She expressed concern about increased traffic and that some of her trees would be cut down, and she was assured that they would remain. Mr. Harrell Rhome, 401 Cole, expressed opposition to the sidewalks on Lawnview. He asked the Council to amend the ordinance. Ms. Amanda VanWagner, 401 Cole, expressed opposition to the sidewalks on Lawnview. Following a brief question and answer period, Council Member Martin talked about different alternatives and stated that he cannot find a reason to spend the money on the sidewalks. Council Member Slavik concurred with Council Member Martin. She stated that it would not be a bad idea to have a sidewalk on one side as a compromise. She stated that she does not see why we have to have sidewalks, other than just to comply with the ordinance, and if we have to comply with the ordinance so that it won't set a precedent, then why not compromise and have a sidewalk on one side. City Manager Garza suggested that if the Council wishes to act on this issue, it should be placed on the agenda formally next week. He stated that by not taking any action, things will proceed according to the original plan. Council Member Longoria stated that after listening to the complaints, she has changed her mind and recommends not putting in the sidewalks. Council Member Guerrero stated that there is a reason for putting in sidewalks and that reason is specifically to protect the integrity of future generations. He stated that in future years people could come to the Council and ask why they do not have sidewalks and Minutes Regular Council Meeting October 1, 1991 Page 12 there won't be an explanation because there is an ordinance that requires sidewalks. He expressed concern about setting a precedent. Bill McDowell, a City engineer, showed a videotape of the property abutting Lawnview and talked about what has been done to save the trees. He described the trees that have to be relocated; he pointed out the location of the trees that have been removed; and he noted the building violations that exist on that street. Discussion ensued and the majority of the Council requested that this issue be placed on the agenda next week with several options. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:07 p.m. on October 1, 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 October 1, 1991, which were approved by the City Council on October 8, 1991. WITNESSETH MY HAND AND SEAL, this the 15th day of October, 1991. r" Armando Chapa City Secretary