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HomeMy WebLinkAboutMinutes City Council - 02/11/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 11, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Cezar Galindo Council Members: Leo Guerrero * Betty Jean Longoria Edward Martin Joe McComb Dr. David McNichols 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 Council Member Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McComb. 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 February 4, 1992, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes read a proclamation designating the week of February 10 thru February 16, 1992, as "The Annual National Children of Alcoholics Week." Ms. Joanne Tuck, Executive Director of the Coastal Bend Council on Alcohol and Drug Abuse, accepted the proclamation. * Council Member Guerrero arrived at the meeting. Mr. Ralph Durden appeared before the Council and requested a resolution on the concepts of supporting a U.S. 59 -Laredo Beltway and transportation improvements which Minutes Regular Council Meeting February 11, 1992 Page 2 would connect the markets of Monterrey, Laredo and Corpus Christi. He also gave a slide presentation depicting the proposed area. The Council expressed support of the project and following a brief question and answer period, Mr. Durden introduced Mr. Ted Scibienski, a gentleman who donated land to the project. Mr. Scibienski commented in regard to the concepts and spoke in support of the Free Trade Agreement. Council Member McNichols moved to support the following resolution: RESOLUTION NO. 021329 SUPPORTING THE CONCEPT OF "A US -59 LAREDO BELTWAY" CONNECTING THE MARKETS OF MONTERREY, LAREDO, AND CORPUS CHRISTI. The motion was seconded by Council Member Longoria and passed unanimously. Mayor Rhodes recessed the Council Meeting to conduct the Meeting of the Board of Directors of the Corpus Christi Housing Improvement Corporation. Mayor Rhodes reconvened the Council Meeting and referred to the Board & Committee appointments. The following appointments were made by the Council: (M92-028) Municipal Arts Commission Sister City Committee Manuella Shull Ramon Lopez Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 10, and Council Members requested that Items 2, 3, 8, and 9 be withheld for discussion. Mayor Rhodes read a prepared statement from State Representative Todd Hunter in support of Item 3, agreement with Charter Hospital for detoxification services. City Secretary Chapa announced that Council Member Martin has filed a Disclosure of Interest Affidavit on Item 7 and will not vote or discuss the item. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M92-029 Minutes Regular Council Meeting February 11, 1992 Page 3 Motion approving a supply agreement for approximately 5,380 cast iron foundry items in accordance with Bid Invitation No. BI -0069-92 with International Supply, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $70,604. 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. These items will be stocked in the Warehouse and used by the Gas, Water, Wastewater, Street and Traffic Engineering Departments. Funds have been budgeted for FY 91-92 by the using departments. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. 4. M92-032 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Housing Authority which provides $30,000 from the FY 91 CDBG program for the rehabilitation of three duplexes located at 942, 1002 and 1006 Weaver to be used for the Emergency Shelter for the Homeless project. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. 5. ORDINANCE NO. 021330 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH ST. PAUL UNITED CHURCH OF CHRIST TO ALLOW THE INSTALLATION AND MAINTENANCE OF 216 LINEAR FEET OF 2 -INCH PVC ELECTRICAL CONDUIT 18 INCHES DEEP, ALONG WITH THREE 18 - INCH DIAMETER CONCRETE BASE STANDARD LIGHT POLES 3-5 FEET DEEP IN THE CITY EASEMENT PARALLELING LIPES BOULEVARD, LOT 1, BLOCK 1, STONEHENGE SUBDIVISION UNIT 1, FOR A FEE OF $100; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye'; Guerrero absent at the time the vote was taken. 6. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, SECTIONS 53-252 AND 53-253, TO RESTRICT CURBSIDE PARKING ON CERTAIN AREAS OF AYERS STREET; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting February 11, 1992 Page 4 The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. 7. FIRST READING AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECU I'h A ONE (1) YEAR LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE BANK OF CORPUS CHRISTI FOR THE OPERATION OF AN AUTOMATIC TELLER MACHINE SERVICE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin abstaining; Guerrero absent at the time the vote was taken. 10. ORDINANCE NO. 021332 AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN-YEAR LEASE AGREEMENT WITH NUECES COUNTY COMMUNITY ACTION AGENCY FOR PROPERTY LOCATED ON MORRIS STREET AND HARMON AVENUE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. Relative to Item 2, supply agreement for police uniforms, Council Member McNichols questioned the cost of the caps. Police Chief Garrett described the caps and justified their cost. In regard to Item 3, agreement with Charter Hospital, Council Member Longoria referred to the agreement and asked who would pay for the youths who were picked up by the Nueces County Sheriff or Constables, and City Manager Garza responded that they would pay for their own, stating that this is a City activity. Mayor Pro Tem Galindo expressed concern about rejecting some youths and stated that he felt all youths should be eligible for this program. Council Members Martin and McComb explained that if the program covered all youths, costs would be higher than those quoted in the contract. City Manager Garza clarified that not all youths would be in the program. He advised that only those intoxicated youths picked up by the the Police Department whose parents could not be located would be involved in the program. Minutes Regular Council Meeting February 11, 1992 Page 5 Council Member Moss pointed out that Charter Hospital would be responsible for directly invoicing the parents/guardian for the services rendered. He asked if Municipal Court could become involved to ensure that the parents reimburse the City for the services. City Manager Garza stated that staff is instituting a procedure to follow up on billings for payment. Also, Mr. Garza stated that the Police Chief has a procedure which makes the parents responsible when children are picked up on repeat offenses. Mr. Brent Chesney, speaking on behalf of State Representative Todd Hunter, responded to specific questions posed by Council Members. He stated that the County would be requested to pay their share of the program. He advised that City staff has involved the Municipal Court in instituting a fine system for parents. Council Member Guerrero stated that a possible solution for payment of services would be to place a lien on property owned by the parents/guardian. City Manager Garza stated that he would look into the matter but generally, the debt would have to relate to the penalty. Council Member Longoria added that this would create property accumulation and she believes that the fine should fit the problem and the crime in order to get parental involvement. Relative to Item 8, Public Utilities Advisory Committee, Council Member Slavik inquired if a motion is needed to adopt the alternate wording made in the amendment passed last week, and City Manager Garza responded in the affirmative. Mrs. Slavik moved to amend the original ordinance passed on first reading as recommended by staff. The motion was seconded by Council Member Martin and passed unanimously. Responding to questions from Council Member McComb, City Manager Garza stated that the committee would provide a good forum for presenting proposals that would go into the utilities budgets which would affect the rates. He stated that the committee would provide feedback and information to the Council which is needed to make their decision on the proposed rates. Mr. Garza commented on Item H, which basically defines the time periods and procedures as set out in the ordinance as guidance to the committee, rather than mandatory limitations. Relative to Item 9, use privilege agreement, Koch Refining Company, Council Member McNichols referred to the fee of $10 and expressed concern that the City should at least recover its costs. He stated that the City ought to at least make the fee charged reflect the expenses to provide the use privilege. City Manager Garza concurred and stated that the facilities were in existence and staff assumed that a use privilege agreement was current but it was not. Council Member Moss inquired if the fee could be increased, and City Manager Garza stated that proper remuneration to the City has been achieved through the contractual agreement. Mr. Moss moved to raise the fee to $100. The motion was seconded by Council Member Galindo and failed to pass. Minutes Regular Council Meeting February 11, 1992 Page 6 City Secretary Chapa polled the Council for their votes and the following items passed: 2. M92-030 Motion approving a supply agreement for police uniforms in accordance with Bid Invitation No. BI -0079-92 with Werner Uniforms, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $47,324.25. The term of the contract shall 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 for FY 91-92. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 3. M92-031 Motion authorizing the execution of an agreement between Charter Hospital of Corpus Christi and the City of Corpus Christi to provide detoxification services for intoxicated juveniles. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye? 8. SECOND READING ESTABLISHING A PUBLIC UTILITIES ADVISORY COMMITTEE, ITS DUTIES AND PROCEDURES. The foregoing ordinance passed on second reading, as amended, by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb and McNichols voting, "No." 9. ORDINANCE NO. 021331 AUTHORIZING A USE PRIVILEGE AGREEMENT WITH KOCH REFINING COMPANY FOR THE RIGHT TO INSTALL AND MAINTAIN A RAW WATER PUMP STATION BUILDING AND A RAW WATER PIPELINE WITH THE CUNNINGHAM WATER TREATMENT PLANT PROPERTY FOR A ONE TIME FEE OF $10. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." a s x s s t: s s s a r s Minutes Regular Council Meeting February 11, 1992 Page 7 Mayor Rhodes called for consideration of Item 11, beverage/snack bar on the timber deck over Corpus Christi Bay at the Holiday Inn Emerald Beach. Bill Hennings, Development Services Director, provided background information; he showed a rendering of the proposed area; and he reviewed the request. Mr Jimmy Till, 1265 Southern Minerals Road, inquired if the concession would be open to the public, and City Manager Garza responded in the affirmative. City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading: 11. FIRST READING AMENDING THE USE PRIVILEGE AGREEMENT AUTHORIZED BY ORDINANCE NO. 14634, PASSED NOVEMBER 22, 1978, AND AMENDED BY ORDINANCE NO. 20130, PASSED DECEMBER 22,1987, TO ALLOW TEMPLE- INLAND INSURANCE CORP. TO OPERATE A BEVERAGE/SNACK BAR ON THE TIMBER DECK OVER CORPUS CHRISTI BAY AT THE REAR OF HOLIDAY INN EMERALD BEACH; AND AUTHORIZING A FIVE (5) YEAR CONCESSION AGREEMENT HAVING A MONTHLY REVENUE OF $300 PER MONTH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols and Moss voting, "Aye"; Slavik absent at the time the vote was taken. Relative to Items 12, 13 and 14, Oso Creek III/Botanical Gardens Project, Council Member Martin announced that he will abstain from the discussion and vote on these items because of a possible conflict of interest. City Manager Garza summarized events leading up to this project and stated that the Oso Parkway Plan is a long-term commitment, but with completion of this Oso Creek Phase III project, the City would be able to acquire 43 acres of regional parkland along Oso Creek with the 1986 Park Bond Funds and State grants. Mayor Rhodes pointed out that the State grant could not be applied to other parks in the City. Malcolm Matthews, Director of Park & Recreation, presented a general overview of the project. He stated that the Botanical Society is donating 90 acres of its current 110 -acre site to the City and a new 184 -acre tract will be purchased and leased from the City to the society. He noted that the new site is along Oso Creek, directly across from the gardens. Mr. Matthews located the area on a map and stated that the City will use the 90 -acre donation to match a $600,000 grant from Texas Parks and Wildlife. He stated that more than half the grant will be used to help pay for the 184 acres and the remainder of the Minutes Regular Council Meeting February 11, 1992 Page 8 purchase price will come from the Park Bond Fund. He stated that under the lease agreement, the Botanical Society will maintain the 184 acres and as part of the grant requirement, the City must spend at least $100,000 on initial site improvements. Mr. Matthews stated that both the 89.72 acres to be donated to the City from the gardens and the 184.59 acres to be purchased have been appraised by two independent appraisers and he elaborated on the appraisals. City Manager Garza stated that the City is acquiring a piece of property valued at $700,200 and getting a State grant for $350,000 because we are putting in the value of the donated land plus some cash. He noted that for $98,500, the City is getting $350,000 from the State to acquire a $700,000 piece of property. Mayor Rhodes commended the people from the Botanical Society. She stated that the public needs to know that the society is out of the legal entanglement which was not their fault. Discussion ensued followed by a question and answer period dealing with the proposed plans and funding of the gardens. Ms. Johnnie Ray Seale, President and volunteer Acting Director of the Botanical Society, presented a comprehensive study of the gardens and discussed the proposed plans. She stated that they hope to build a comprehensive organization that will provide beauty, education, fun and research. Mr. Herman Johnson presented a master plan of the Botanical Gardens; he discussed development of the park; and he reviewed various types of gardens. Ms. Pat Suter, a member of the Board of Directors of the Botanical Society, spoke on the aspects of the nature features in the gardens, and Ms. Judy Ramos, Communications Director of the Convention and Visitors Bureau, made comments on how the bureau is promoting the gardens. The individuals representing the Botanical Gardens responded to various questions raised by the Council. An unidentified woman in the audience spoke on the subject of the wetlands. Mr. Abel Alonzo, 1701 Thames, inquired if public hearings were held in regard to funding for the project, and Mr. Matthews responded in the affirmative and elaborated on the public hearings. City Secretary Chapa polled the Council for their votes and the following items were passed: 12. M92-033 Minutes Regular Council Meeting February 11, 1992 Page 9 Motion authorizing the acquisition of 89.72 acres of property along Oso Creek donated by the Botanical Society. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin abstaining. 13. M92-034 Motion authorizing the acquisition of 184.59 acres for park land located adjacent to South Staples Street and south of Oso Creek for $448,600 as funded by the Park Bond Fund and a grant from the Texas Parks and Wildlife Department. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin abstaining. 14. FIRST READING AUTHORIZING THE EXECUTION OF A SIXTY -YEAR USE AGREEMENT WITH THE CORPUS CHRISTI BOTANICAL SOCIETY FOR THE USE OF 180.85 ACRES OF PARK LAND ADJACENT TO OSO CREEK AS A BOTANICAL GARDEN; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo voting, "No"; Martin abstaining. Council Member McNichols informed staff that a mound of construction materials has been discarded near the proposed area, and Deputy City Manager Garza stated that the City or County would take care of that matter. Mayor Rhodes opened the public hearing on assessments for street improvements in connection with the Corona Drive Extension from Everhart Road to Williams Drive and to Williams Drive from Everhart Road to Corona Drive Extension and indicating assessments in the amount of $73,063.90 on 22 items. Carl Crull, Director of Engineering Services, stated that he had submitted a sworn statement concerning the project particulars, and Council Member McComb expressed concern that the sworn statement signed by the Engineering Services Director was signed by someone else. Mr. Jesus Garcia, a real estate appraiser, discussed his qualifications and stated that he is familiar with the project and the improvements. He stated that he has examined the assessment roll and each parcel therein. Mr. Garcia stated that he believes that the properties assessed in this street improvement will be enhanced in value by these improvements to at least the amount of the assessment. Minutes Regular Council Meeting February 11, 1992 Page 10 Mr. Jack Graham, President of the Board of Realtors, stated that they have an appraiser's opinion by Mr. Thomas Goade that was used in negotiations with the City and was accepted as creditable. He presented a letter from the appraiser in regard to the enhancement and requested that the assessment be $1,756.66. Mr. Crull indicated that as part of the acquisition of that property, the Council agreed to set a cap on the assessments on Corona Drive side at $20,000, and the assessments on the Williams Drive side would be at the commercial rate. He stated that there was some negotiation and talk about the assessment during the acquisition process and he commented on what was agreed to in the sales contract. Mr. Graham stated that the property sale was agreed to but not the amount of the assessment. He indicated that what was agreed upon was the $20,000 cap. Council Member McNichols expressed concern that the assessments did not benefit the individual property owner involved in this process even though he was compensated for his land. He indicated that he would modify the assessments for each of the property owners who are involved on the curve. Mr. Crull discussed the improvements and stated that they will make the roadway system in that area more efficient. He noted that there will be more traffic in that area. Following a discussion, Council Member Martin commented about the proposal from the Board of Realtors. He expressed the opinion that the $20,000 was part of the acquisition package and the price the City paid for the property. He expressed concern that they would try to change that. Mr. John Brooks, an attorney representing the Board of Realtors, stated that they were not privy to what was discussed in closed session. He stated that they did not accept $20,000 but agreed to that as a cap. Council Member Martin moved to close the public hearing; seconded by Council Member Galindo and passed unanimously. Deputy City Manager Jesus Garza stated that the board knew that the City was going to use the commercial assessment rate. He stated that staff stands by their recommendation. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 15. ORDINANCE NO. 021333 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: CORONA/WILLIAMS CONNECTION - CORONA DRIVE FROM EVERHART ROAD TO WILLIAMS DRIVE AND WILLIAMS DRIVE FROM EVERHART ROAD TO CORONA DRIVE. Minutes Regular Council Meeting February 11, 1992 Page 11 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; McNichols voting, "No." M92-035 Awarding a contract in the amount of $578,222.70 to Haas Paving Company to extend Corona Drive to Williams Drive. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; McNichols voting, "No." The Council went into closed session pursuant to Article 6252-17, Section 2(g), V.A.C.S., regarding the evaluation of the City Manager and City Secretary. i• i► t t i• i i• i= Mayor Rhodes reconvened the Council Meeting and called for the City Manager's report, and City Manager Garza provided a water update. Mayor Rhodes updated the Council on her recent meeting with the Texas Municipal League. Mayor Rhodes called for Council liaison reports. Council Member Martin commented in regard to the time schedule and process taking place on the brine discharges and a discussion followed on this subject. Council Member McNichols requested an update on the old Courthouse, and City Manager Garza stated that he will provide that to the Council. Dr. McNichols referred to a letter from Southwest Airlines and inquired about instituting a passenger facility charge, and City Manager Garza stated that the City will consider that and it will be presented to the Airport Advisory Committee. Council Member Slavik requested a copy of the contract with the Convention and Visitors Bureau regarding the lease agreement for the Lady Lex, and City Manager Garza stated that the contract will be brought to the Council next week. Mrs. Slavik raised questions about the State of Texas Purchasing Program, and City Manager Garza commented on the program and stated that the City is involved in the program. Council Member McComb inquired about the responsibility for the maintenance of the street near the railroad tracks at Holly and Staples, and City Manager Garza stated he will follow up on this matter. Minutes Regular Council Meeting February 11, 1992 Page 12 Mr. McComb presented the Council with a copy of the July issue of the TML Town and Country Magazine concerning environmental programs. Council Member Moss commented in regard to campaign signs, and City Manager Garza stated that if the signs are in rights -of -ways, the City removes them. Council Member Longoria noted five complaints from citizens who live on Eastgate Drive who are having problems with flooding. She requested a report on this matter. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, spoke on home improvement loans for the elderly and expressed concern about the program. Council Member Martin also expressed concern and stated that the Council was assured that there is no one who is in need of that type of program which is currently offered that would be adversely affected by the program. Discussion ensued and City Manager Garza stated that he will provide statistics to the Council. Mr. Ron Hudson, 3556 Austin, talked about remarks made by the Governor and about the duties of the Council. Mr. Charles Hall, 817 Utica, which is in the Flour Bluff area, spoke in regard to serious problems in his neighborhood involving paint abusers which are not being addressed by the City. A discussion followed and City Attorney Bray stated that paint sniffing is prohibited in the City. He stated that there may be ways to deal with the problem and he will provide a Legal opinion. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:30 p.m. on February 11, 1992. 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 February 11, 1992, which were approved by the City Council on February 18, 1992. WITNESSETH MY HAND AND SEAL, this the 9th day of March, 1992. 6Ittt4Q del• Armando Chapa City Secretary SEAL