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HomeMy WebLinkAboutMinutes City Council - 12/31/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 31, 1991 9 a.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Leo Guerrero Council Members: Cezar Galindo Betty Jean Longoria Edward Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik City Manager Juan Garza Ass.t City Attorney Alison Gallaway City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. 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 December 17, 1991, and there being no corrections, she proclaimed them approved as presented. Mr. Bill Pruet, 5322 St. Andrews, representing the Convention & Visitors Bureau, gave a video presentation on LOS BARCOS! THE COLUMBUS FLEET FESTIVAL: A 1992 American tour of the Nina, Pinta and Santa Maria. He discussed details of the multi- cultural event and stated that the ships will be in Corpus Christi from March 13 through March 22. Mr. Pruet advised that the Convention and Visitors Bureau has agreed to underwrite the marketing and front money for the festival, stating that it is projected that there will be significant revenues received. He stated that if the festival is successful, the resulting revenues would allow the bureau to set up a permanent festival fund whereby they could provide interest-free loans to groups wishing to start new festivals. M CRontwiED Minutes Regular Council Meeting December 31, 1991 Page 2 Ms. Janet Rice, 118 Southern, Chairman of the Corpus Christi Quincentenary Commission, spoke in support of the festival and expressed appreciation to everyone involved in the project. Following a question and answer period, Council Members expressed support of the proposal presented by the Convention and Visitors Bureau. Mayor Pro Tem Guerrero moved to support the Los Barcos! The Columbus Fleet Festival. The motion was seconded by Council Member Longoria and passed unanimously. (M91-345) Council Members McNichols and McComb endorsed the project but did not support the City having to absorb the additional $20,000 if the revenues do not exceed the expenditures. Mr. McComb expressed concern that groups should not commit themselves to projects and ask the City to fund them if the projects fall short. Mayor Rhodes recessed the Council Meeting to conduct the meeting of the Corpus Christi Housing Finance Corporation. Mayor Rhodes reconvened the Council Meeting and stated that it was the consensus of the Council to have the presentation of the quarterly CIP Report at the end of the agenda. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2 through 10, and Council Members requested that Items 3, 5 and 8 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M91-346 Motion approving the purchase of four self-contained air breathing apparatus and fifteen air bottles in accordance with Bid Invitation No. BI -0047-92 from Vallen Safety Supply Company, Corpus Christi, Texas, based on low bid of $12,826.50. These items are for E.M.S. and funds have been budgeted for FY 91-92. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 4. M91-348 Motion approving a supply agreement for thirty-three police sedans in accordance with Bid Invitation No. BI -0032-92 from Courtesy Ford, Corpus Christi, Texas, based on low bid at a unit price of $13,854. Total estimated expenditure is $457,182. The term of the supply agreement is for the 1992 model production year with an option Minutes Regular Council Meeting December 31, 1991 Page 3 to extend through the 1993 model production year subject to the approval of the seller and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 6. M91-350 Motion awarding a contract in the amount of $81,870.97 to Garrett and Associates to construct street improvements in the San Carlos area of the City. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 7. ORDINANCE NO, 021310 AUTHORIZING THE EXECUTION OF AN OUTSIDE CITY LIMITS - WATER SERVICE CONTRACT WITH COUNTRY CREEK PARTNERS, DEVELOPERS OF COUNTRY CREEK SUBDIVISION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 9. ORDINANCE NO. 021312 AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH NUECES COUNTY MHMR COMMUNITY CENTER FOR THE LEASE OF PROPERTY LOCATED AT THE NORTHWEST 100 FEET OF BLOCK 1002, BAY TERRACE NUMBER 2. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 10. ORDINANCE NO. 021313 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH NUECES COUNTY FOR CONTINUATION OF BEACH CLEANING AND LIFEGUARD SERVICES ON CITY ANNEXED PADRE ISLAND BEACHES UNTIL JULY 31, 1992 AND APPROPRIATING AN ADDITIONAL STATE GRANT IN THE APPROXIMATE AMOUNT OF $11,000. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Minutes Regular Council Meeting December 31, 1991 Page 4 Relative to Item 3, approving the purchase of a computer system for the Housing and Community Development Department, Council Member Moss inquired if the system is compatible with the computer systems in City Hall, and City Manager Garza responded in the affirmative. He stated that the City is standardized through IBM clones and the software and procedures are compatible with others used in City Hall. Mr. Moss stated that the Macintosh computers have the ability to take programs from MS DOS which is IBM type assistance and suggested considering them in the City's next bids, and Mr. Garza concurred. On Item 5, discussion of questions raised on the proposed agreement with Browning- Ferris, Inc., for recycling/marketing of recyclables, Council Member Martin questioned the Legal Department's response regarding a performance bond. He inquired if it is the City's new policy not to require bonds if the bidder has substantial assets and to require bonds if they do not, and City Manager Garza stated that it was not staffs intent to set new policy. Mr. Garza stated that he did not believe that the City requires a bond in all our contracts and he is not certain that there is a policy on the requirement for bonds. He indicated that a clarification on this issue is forthcoming. Council Member McComb raised questions and expressed concern regarding the recycled materials. He asked the Council to consider a twelve-month delay on this item until the Champion Paper reprocessing plant in the Houston area is in operation. City Manager Garza stated that staff is aware that there is no market for recycled materials. He stated that the purpose of the contract is to get someone who will take the City's recyclables. Mr. Garza stated that this is a good contract and should be entered into, and if the market improves in a year, the City could test the market again. Discussion ensued and City Manager Garza responded to a series of specific questions raised by the Council. Mr. Ed Mange, 75 Lakeshore, President of Canhandler Recycling, read a prepared statement in regard to recycling. He addressed the bidding process and the ability of Canhandler to manage the contract. Relative to Item 8, Country Creek Subdivision, Council Member Martin inquired if the reimbursement application is for 100 percent of the entire water line or for the oversizing, and Bill Hennings, Director of Development Services, responded that it is the cost for the whole line. He stated that it is part of the grid system that serves that entire area. Responding to a question from Council Member Galindo, Mr. Hennings stated that the City does not know the anticipated date that the subdivision will be annexed because it depends on future annexations. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M91-347 Minutes Regular Council Meeting December 31, 1991 Page 5 Motion approving the purchase of a computer system for the Housing and Community Development Department from Computerland of Corpus Christi, Texas, based on low bid meeting specifications for the amount of $47,509. The system is budgeted in the 1991-92 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 5. M91-348 Motion authorizing the City Manager to execute an agreement with Browning-Ferris, Inc. to provide for receiving and marketing of all recyclables collected in the City- wide Curbside Recycling Program. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McNichols, Moss and Slavik voting, "Aye"; McComb voting, "No." 8. ORDINANCE NO, 021311 AUTHORIZING REIMBURSEMENT IN THE AMOUNT OF $302,998.38 TO COUNTRY CREEK PARTNERS, DEVELOPERS OF COUNTRY CREEK SUBDIVISION, FOR THE INSTALLATION OF 12 -INCH AND 16 -INCH DIAMETER PVC WATER GRID MAINS; AUTHORIZING THE TRANSFER OF $144,138.39 FROM NO. 143-246.96, WATER DISTRIBUTION MAIN TRUST FUND TO NO. 143-246.95, WATER GRID AND ARTERIAL TRANSMISSION MAINS TRUST FUND; APPROPRIATING $302,998.38 OUT OF THE NO. 143- 246.95 WATER GRID AND ARTERIAL TRANSMISSION MAINS TRUST FUND FOR THE DEVELOPER REIMBURSEMENT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Mayor Rhodes called for the discussion on the funding options for the Carroll High School Choir. Council Member Martin commented about various expenditures which have been made by the City. He stated that he believed that the drug money would have been the best source but a legal opinion specifies that it cannot be used for this purpose. He requested a list of how the City has expended its drug funds. Mr. Martin made a motion to allocate the following on a matching basis for the Carroll High School choir trip to the Olympics: $2,000 from the Arts Trust Fund; request the Convention and Visitors Bureau to provide $2,500; request the Economic Development Corporation to provide $2,000; $2,000 from Sister City Funds; and if allowable, he recommended allocation of $1,000 from his vehicle allowance account. He indicated that would be a total of $9,500, on a match basis, to assist Minutes Regular Council Meeting December 31, 1991 Page 6 the choir toward their $100,000 goal. The motion was seconded by Council Member McComb. Mayor Rhodes and Council Members McNichols and Longoria spoke in support of the Carroll High School Choir but expressed the opinion that the funding sources recommended are not an appropriate use for this purpose. Council Member Slavik stated that she thought it was out of line for the choir to make a presentation and then ask for money from the City. She stated that she believed that the international olympics might justify the City going to specific groups and asking for funds. Council Member Moss stated that he supports the students but erred in voting to ask the City Manager to find funds for the group. He stated that he would help the choir raise money. Ms. Sue Delaney, 5237 St. Andrews, read a prepared statement and asked the Council to evaluate the City's resources and consider each situation individually. The motion made by Council Member Martin failed to pass. Mayor Rhodes moved to not provide funding for the Carroll High School choir. The motion was seconded by Council Member McNichols and passed. (M91-351) Mayor Rhodes called for consideration of Case No. 1091-4, Zelda Clary, stating that the case was referred to staff for approval of a site plan. Bill Hennings, Director of Development Services, advised that the ordinance before the Council would grant the special permit and includes the site plan. He pointed out that the standard language regarding special permits was omitted from the copy which was sent to the Council and he read the standard language which had been added to the ordinance. Mrs. Clary concurred with the special permit as recommended by staff. Planning Director Harvey advised the Council of additional conditions which had not been presented to Mrs. Clary. He described the additions recommended as follows: that there explicitly be no retail/wholesale sales on site; that there be no debris stored on site; that there be a limitation on the number of chemicals stored on site; and that the existing driveways to Williams be the only ones allowed. Mayor Rhodes asked Mrs. Clary if she concurs with the additions presented by Mr. Harvey, and Mrs. Clary responded in the affirmative. Council Member Slavik expressed concern that the applicant was not aware of the additional changes before the meeting. She urged the staff to advise the applicant in advance of any additional changes, and Mr. Harvey stated that staff attempted to contact Ms. Clary but was unsuccessful. Minutes Regular Council Meeting December 31, 1991 Page 7 Mayor Rhodes moved to amend the ordinance and include Mr. Harvey's recommendations and the correction presented by Mr. Hennings. The motion was seconded by Mayor Pro Tem Guerrero and passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols and Moss voting, "Aye"; Slavik voting, "No." Following a brief discussion, City Secretary Chapa polled the Council for their votes and the following ordinance passed as amended. 12. ORDINANCE NO. 021314 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ZELDA B. CLARY BY GRANTING A SPECIAL COUNCIL PERMIT FOR A LAWN CARE SERVICE SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS ON LOT 1, BLOCK 8, WOODLAWN ESTATES; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." • t i i•• t i i i f i t Mayor Rhodes called for consideration of Items 13 and 14, Blanche Moore Drive (Betty Jean Street Extension). Council Member Moss asked if it is necessary that a developer be reimbursed for increasing the capacity, quality or ability of a street, and Mr. Hennings replied that it is customary. He stated that it has been the past practice when the City has asked a developer to construct to standards greater than the minimum required, the City has paid the cost of the additional construction. Mr. Moss inquired if the City has ever had a street as an artery go through a private shopping mall, and Mr. Hennings replied that has never happened. Council Member Moss made a motion that Item 14 be amended to delete the reimbursement to the developer. The motion was seconded by Council Member Slavik. Council Member Martin stressed that in every situation where a developer has been requested to oversize a street, the City has paid. He stated that it is the law and it is in the City's best interest to reimburse the developer. Mr. Paul Pearson, representing Blanche Moore Development, commented about the project and stated that they would expect the same treatment given to other developers. He advised that they constructed the road eight feet wider than required at their expense and have not requested any reimbursement. City Secretary Chapa polled the Council for the vote on the amendment and it failed to pass by the following vote: Moss voting, "Aye"; Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols and Slavik voting, "No." City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting December 31, 1991 Page 8 13. ORDINANCE NO. 021315 AMENDING THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN (THE URBAN TRANSPORTATION PLAN) TO INCLUDE THE EXTENSION OF BETTY JEAN DRIVE (SAID EXTENSION TO BE CALLED BLANCHE MOORE DRIVE) FROM WILLIAMS DRIVE TO THE S.H. 358 SOUTH FRONTAGE ROAD AS A CLASS "C" URBAN COLLECTOR STREET; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 14. M91-352 Motion authorizing the City Manager to accept dedication of Betty Jean Drive from Williams to South Padre Island Drive and authorizing the City Manager in consideration thereof to execute a contract to reimburse the developer for oversizing in an amount not to exceed $28,772.10. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols and Slavik voting, "Aye"; Moss voting, "No." Mayor Rhodes opened the public hearing on consideration of an appeal of the Building Standards Board order concerning the building at 426 Scotland. Mrs. Rhodes inquired if the person who brought forth the appeal was present, and the individual was not in attendance. Mayor Pro Tem Guerrero moved to close the public hearing; seconded by Council Member Slavik and passed unanimously. City Manager Garza informed the Council that notice was sent to the individual who initiated the appeal. Council Member McNichols expressed concern, stating that to try and repair some basic systems is one thing but when a house has a number of badly damaged areas, the person is placed in the position of having to tear the house down or fix it up to a level that may be more than the individual is capable of doing. He stated that the City should be fair and careful that they are not asking the property owner to fix too many things to bring the property up to a level that is better than all the other properties surrounding it. Development Services Director Hennings pointed out that the Building Standards Board struggles with that issue and in almost every case, they hear the owner's side of the story and try to empathize. He stated that they do the best they can to be equitable and it is very difficult. Mayor Rhodes pointed out that the board does a good job and they tend to be as sensitive as possible. Minutes Regular Council Meeting December 31, 1991 Page 9 Council Member Martin inquired how many structures the City has ordered demolished and how many have been demolished in the last year. He asked for a property standards report. Discussion ensued and Mayor Rhodes moved to deny the appeal; seconded by Council Member Moss and passed unanimously. (M91-353) It was the consensus of the Council to table the presentation of the quarterly Capital Improvements Report until a later date. Mayor Rhodes called for the City Manager's report, and City Manager Garza gave a water level update on the status of the Choke Canyon/Lake Corpus Christi Reservoir System. A discussion followed on the water issue and Council Member McNichols expressed the opinion that the City should continue with the issues in regard to water releases and long term water sources. Mayor Rhodes referred to the Municipal Court Judge applications, and it was the consensus of the Council to interview six applicants in closed session on Tuesday, January 14th, at 12 noon for 20 -minute intervals. Council Member McComb commented on an issue regarding the new law going into effect January 1 relative to tire recycling, and Tom Utter, Public Works Director, stated that the new State law is specifically geared to recycle tires from specific dump sites identified by the State. Mr. Utter stated that he will provide the Council with a full report on this issue. Council Member Moss commented in regard to the revised street pavement design issue, and City Manager Garza stated that this item had been scheduled for presentation to the Council in December but has been delayed until feedback is received from various professional associations. Mr. Moss inquired if the City is continually pursuing City warrants, and City Manager Garza responded in the affirmative. Mr. Moss referred to the heavy duty trucks which are parked at the police pound and inquired if they were confiscated in drug raids, and City Manager Garza stated that most of them were. He stated that the City has to store the vehicles until the disposition of the cases has taken place. Council Member McNichols inquired about the utility operations analysis, and City Manager Garza stated that item is scheduled for the January 14 Council Meeting. Dr. McNichols complimented the staff on the highlighted colored maps used in the zoning cases. Minutes Regular Council Meeting December 31, 1991 Page 10 Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Ron Hudson, 3556 Austin, spoke about the ratio of charges for residential water use and sewer use. He stated that he has been advised that all City Boards and Commissions have filed the names of their members with the office of the City Secretary with the exception of the Religious Access Users Group. Mr. Hudson implied that the policy of the City Secretary's office to charge $1.00 for one copy of readily available public information is not in compliance with State law. Mr. Phil Rosenstein, 949 Bobalo, expressed appreciation to the Council for everything that they did for senior citizens during 1991. He then spoke about senior citizen events which occurred during 1991. Council Member Slavik requested a report in regard to emergency home repairs. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 10:45 a.m. on December 31, 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 December 31, 1991, which were approved by the City Council on January 7, 1992. WITNESSETH MY HAND AND SEAL, this the 8th day of January, 1992. Armando Chapa City Secretary