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HomeMy WebLinkAboutMinutes City Council - 04/14/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 14, 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 Reverend Jim Smith of Crusade for Christ Ministries, 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 April 7, 1992, and there being no corrections, she proclaimed them approved as presented. ** ** ** s * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 7, and Council Members requested that Items 1, 4, 6, and 6a. be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 4tiC MAIEb Minutes Regular Council Meeting April 14, 1992 Page 2 2. M92-090 Motion authorizing the City Manager to enter into an agreement with the Music Performance Trust Fund for eleven 1992 summer concerts to be performed at the Cole Park Amphitheater by the Corpus Christi Musicians Association, Inc., Local 644, for a total of $12,000 as funded by the FY 1991-92 budget. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 3. M92-091 Motion approving the submission of a grant application in the amount of $20,000 to the State Department of Highways and Public Transportation for funding of an Occupant Protection Selective Traffic Enforcement Project (STEP) and authorizing the City Manager to execute the Texas Traffic Safety Program contract and designating the Chief of Police as the official representative of the city. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye? 5. ORDINANCE NO. 021370 AMENDING THE CODE OF ORDINANCES, CHAPTER 53, SECTION 53-250, SCHEDULE I - (ONE-WAY STREETS AND ALLEYS) BY CHANGING CHAPARRAL STREET FROM A ONE-WAY (NORTHBOUND) TRAFFIC PATTERN TO A TWO-WAY TRAFFIC PA1'1'ERN BETWEEN INTERSTATE HIGHWAY 37 (EASTBOUND LEG) AND BELDEN STREET; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 7a. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH CZECH HERITAGE SOCIETY OF SOUTH TEXAS FOR THE UTILIZATION OF THE JALUFKA HOUSE LOCATED AT 1513 N. CHAPARRAL, LOTS 3, 4, 5, 9, AND 10, BLOCK 61, BEACH PORTION; RESCINDING ALL PRIOR LEASES; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 7b. SECOND READING Minutes Regular Council Meeting April 14, 1992 Page 3 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE - CORPUS CHRISTI H. BOYD HALL BRANCH, FOR THE UTILIZATION OF THE LITTLES-MARTIN HOUSE, 1519 N. CHAPARRAL, LOTS 11 & 12, BLOCK 70, BEACH PORTION; RESCINDING ALL PRIOR LEASES; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 7c. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE IRISH CULTURAL HOUSE, INC. FOR THE UTILIZATION OF THE MCCAMPBELL HOUSE, 1501 N. CHAPARRAL, LOT 2, BLOCK 61, BEACH PORTION; RESCINDING ALL PRIOR LEASES; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Relative to Item 1, motion approving a supply agreement for ductile iron pipe, Council Member McNichols inquired as to the price increase. He stated that other like items had decreased in price. City Manager Garza replied that he would have an answer next week but stated that there was heavy competition in this field and that the bid received is a good bid. Council Members McComb and McNichols felt that the contract should be awarded to the local bidder. Mr. McComb felt that some monies could be returned to the local economy if the contract stayed within the City. Council Member McNichols asked if there was a guideline that could be used to keep contracts local if the bids were comparable in price. City Manager Juan Garza replied that State legislature tried to pass a law concerning this issue but failed. Dr. McNichols requested to be given details as to the awarding of contracts to local vendors based on economic factors. A brief discussion followed regarding the justification of awarding the contract to the local bidder. Council Member Guerrero moved that the contract be awarded to the local vendor. City Manager Garza stated that the law requires contracts to be awarded to the low bidder. Minutes Regular Council Meeting April 14, 1992 Page 4 Council Member Guerrero moved that Item 1 be tabled until Council reviewed State law concerning Council authority to award bids. Mayor Rhodes called for the vote on the motion, and the motion failed to pass. Mayor Rhodes asked Council Member Guerrero if he wished to withdraw his first motion. Mr. Guerrero replied that he moved to award the bid to the local vendor, Davis - McAllen Pipe & Supply. Motion died for lack of a second. Council Member Martin stated that an effort should be made to keep the monies locally. Relative to Item 4, acquisition of parcel in connection with the Redbird Lane Improvements, Council Member Slavik asked why there was a disparity between the appraised value and the tax value. Mr. Tom Utter, Director of Development Services, explained that the appraiser felt the parcel of land was valued higher because it has access to IH 37 and is a portion of a large piece of property. He felt that the appraisal by the Tax Office was low. He stated that other pieces of property surrounding the area in question were appraised at $.90 to $1.10 per square foot; therefore, the present appraisal was not unreasonable. Mrs. Slavik asked if there was a possible recourse after the purchase, and Mr. Utter replied that the property could be reappraised, but the appraisal presented was a good one. Council Member Martin expressed concerns about the price of the land. He stated that other residential property of this size sell for $5,000 to $6,000 per acre. Mr. Martin asked if the owner had been approached to donate the property before the price was reported to the Tax Office. Mr. Utter replied that the owner had not been approached in this manner. Mayor Rhodes stated that Item 4 would be postponed until comparables that were used to determine the price were provided to the Council. Mrs. Slavik expressed concerns on Items 6 and 6a. regarding the Public Utilities Advisory Committee. She felt that the ordinance deviated from the original intent of the Council in reference to the appointment of the members. Mayor Rhodes stated that staff devised the formula for appointment of members. It was not the original intent of the Council to designate specific representatives for this Committee. Council Member McNichols stated that he disagreed with the ordinance as presented because it would eliminate qualified members to serve on the Committee. Council Member Martin agreed with the original intent on the establishment of a Public Utilities Advisory Committee, but felt that there is problem concerning the appointment of representatives. He stated that the Council should take responsibility on the issue and maybe address the establishment of a Committee at a future date. Mr. Martin made a motion instructing staff to prepare an ordinance repealing the ordinance establishing the Public Utilities Advisory Committee because of the differences of opinion among Council Members. Council Member Guerrero seconded the motion. Minutes Regular Council Meeting April 14, 1992 Page 5 Mayor Rhodes called for the vote on the motion made by Mr. Martin, and it passed by the following vote: Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Rhodes and Galindo voting, "No." City Secretary Chapa polled the Council for their votes and the following motion passed: 1. M92-089 Motion approving a supply agreement for approximately 11,600 feet of ductile iron pipe, ranging in size from 4" to 24" in accordance with Bid Invitation No. BI -0100-92 with The Rohan Co., San Antonio, TX, based on low bid for an estimated annual expenditure of $138,194. 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. The pipe will be used by the Water Division. Funds have been budgeted for FY 1991-92 by the Water Division. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero voting, "No." 4. POSTPONED Redbird Lane and IH 37, for $12,896 in conncction with the Redbird Lane Street 6. WITHDRAWN AMENDING THE CODE OF ORDINANCES, SECTION 2 215, REGARDING MEMBERSHIP REQUIREMENTS OF THE PUBLIC UTILITIES ADVISORY e YY ■ 6a. WITHDRAWN regular Council Meeting on April 7, 1992. * * * * * * * * * * * * * Mayor Rhodes called for consideration of Item 8. City Manager Garza informed the Council that Item 8 was the second phase of the agreement of a grant project with the Texas Water Development Board. He recommended Council approve the agreement with the current contractor. Mr. Garza stated request for proposals (RFP) will be sent out for Phase 3. Minutes Regular Council Meeting April 14, 1992 Page 6 Mr. Bill Hennings, Director of Public Works/Utilities, presented an overview of Phase 2 of the project. Phase 2 consists of improvements to the productivity of the Nueces Bay. He informed the Council that other parties expressed a desire to share in costs associated with the construction phase (Phase 3) of the project. Council Member McComb asked if the University of Texas Marine Science Institute has the responsibility to conduct a study of this nature. Mr. Hennings replied that the Institute did not have the appropriation to support this type of project. Mr. McComb further stated that he felt the City would be paying twice for the project because of the passage of the National Estuaries Program. Mr. Hennings stated that the primary goal of this project is to find a way to avoid releasing of water from the lakes to improve the productivity of Nueces Bay. Mr. McComb further commented that there have been talks by some agencies that water will be released even if the project goal is to avoid the release of water. Mr. Hennings replied that the outcome of the project should prove what the results are on the issue of water releases. City Manager Garza stated that it would be in the best interest of the agency to assure that the City has ample water for industry in the area. Mr. McComb felt that the City would be spending money needlessly if the agency recommends to continue the release of water since the study was done by the City. After a brief discussion, Council Member Martin stated that Task #3 in the study concerned stormwater issues and felt that the City was already paying consultants' fees for the stormwater project. Mr. Garza stated that the stormwater project and the current study are not related. He stated that the stormwater project studied the pollutants going into the bays and estuaries, whereas, the current project studied the productivity of the estuary. Mr. Hennings explained that the current study searches for other sources of water to put into Nueces Bay. He stated that the stormwater study does not have that specific objective, but the stormwater study would be reviewed to prevent duplication of services. Mr. Martin requested more information on Phase 2 of this project, particularly the stormwater issue. Mr. Martin also expressed concerns regarding the City's portion of the project funding and felt he could not support the project because it did not meet City policy concerning the award of 75 per cent of the project to local contractors. Council Member Moss stated that he felt that Phase 2 did not differ from Phase 1 of the project. Council Member McNichols stated that Phase 1 spelled out the project's possibilities to divert waters; Phase 2 evaluated the best combinations for diversion of water. He commented on the fact that the two studies are different and felt that the appropriation for this project is justified. Minutes Regular Council Meeting April 14, 1992 Page 7 Council Member Slavik stated that the City should coordinate studies being performed. She also inquired as to why the City was required to pay the higher amount in Phase 2. Mr. Hennings replied that the two entities agreed only to contribute $25,000 and no additional monies. Mrs. Slavik asked if the City could exert some pressure on other parties to contribute more monies. City Manager Garza stated that the City approached the parties to be involved in Phase 2, and they agreed. There was not a requirement for involvement in the study. He was pleased that the parties agreed to participate since this was considered a City project. Council Member McComb felt the City was being forced to create a man-made estuary. Mr. Hennings explained the site of the area along Nueces Bay. Mr. McComb also inquired as to whether the City would compensate the land owner. Mr. Hennings replied in the affirmative. After a brief question and answer period, City Secretary Chapa polled the Council for their votes and the following were passed: 8. M92-092 Motion authorizing the City Manager or his designee to enter into an agreement with the Port of Corpus Christi Authority, South Texas Water Authority and Board of Trade, Port of Corpus Christi for Joint Sponsorship of Phase II of a Regional Study to Evaluate the Potential of Using Wastewater Return Flows for Enhancement of Wetland and Estuarine Areas in Nueces Bay. The total cost of the project would be $258,000, of which the City's share would be $79,000. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McNichols and Slavik voting, "Aye"; Martin, McComb and Moss voting, "No." Council Member Guerrero stated that there should be a higher level of local contractor participation. Mayor Rhodes called for consideration of Items 9 and 10, Parental Responsibility Ordinances. City Manager Juan Garza presented an overview of the ordinance. Mr. Nick Lazarte, 2222 Roslyn, expressed concerns regarding the proposed ordinance. He felt the minority population would be singled out and felt that the ordinance should not be passed. Ms. Nancy DeLong, Attorney, Coastal Bend Services, 901 Leopard, Room 105, spoke against the ordinance and stated that the ordinance would target low-income families. She felt that counseling should be considered as an alternative. Minutes Regular Council Meeting April 14, 1992 Page 8 Council Member Martin asked Ms. DeLong whether she was against the amendment to pass the ordinance. Mr. Martin stated that the amended ordinance states counseling as an alternative. Mayor Rhodes clarified that the ordinance which concerned Ms. DeLong was the original ordinance and not the amendment to the ordinance. Dr. Maria Luisa Garza, Gulf Coast Council of La Raza, 2203 Baldwin, stated that Council should table the proposed ordinance and let the public address the Council on alternatives to the ordinance. She asked the Council to form a youth commission to work with the problems presented. Dr. Garza introduced a group of supporters who were against the passage of the ordinance. Mayor Rhodes asked that City Attorney Bray cite the amendment to the ordinance. Dr. Garza stated that the ordinance is very vague. She stated that no more laws should be added and that the current ordinance needs an interpretation. Mr. Clemente Garcia, Jr., 4130 Tarpon, felt that the ordinance was counter- productive, difficult, and costly. He asked that the Council table the ordinance to afford the community an opportunity to speak on the subject. Mr. Ricardo Gonzalez stated that more community involvement was necessary before the ordinance was passed. Mr. Leon Perez, 904 Buford, asked if the ordinance meant to state that parents are encouraging the offenses. Mayor Rhodes replied that there were such circumstances. Mr. Perez stated that families did not have the money to pay the fines. Mr. J.E. O'Brien, 4130 Pompano, expressed his support of Dr. Garza. Ms. Judy Hales stated that she felt the penalties to be imposed on the parents would not help. Mr. Abel Alonzo, 1701 Thames, commented that further consideration should be given before an agreement is reached on the proposed ordinance. Mr. Eric Wramp, 802 Barry, voiced his support of the ordinance. He stated that years of police work have led him to believe that parents are not being responsible for their children. Council Member Slavik felt that the ordinance should be looked into further before passage. She felt that there were too many loose ends and stated that time should be given for input from professionals in the community. Mrs. Slavik expressed her support of a juvenile task force to work with Judge Jack Hunter's gang task force. She suggested that if the juveniles were forced to witness activities in hospital emergency rooms, their behaviors would change. She also stated that Council should table the ordinance and proceed with organizing a task force. Minutes Regular Council Meeting April 14, 1992 Page 9 Council Member Galindo stated that the Council should give professional organizations an opportunity to express their opinions on the ordinance. Mr. Galindo suggested tabling the ordinance for 45 days to afford the professionals an opportunity to state how they felt the ordinance could be improved. Mayor Rhodes asked that the motion to table the ordinance be held off so other Council Members could discuss the matter. Council Member McComb agreed with Ms. Hales statement about penalties imposed on parents but felt that the problem should be addressed. He stated that the ordinance should be passed and within 45-90 days after passage of the ordinance, all professional organizations bring before the Council suggested improvements and recommendations. Council Member Guerrero concurred with Mr. McComb's suggestion and reiterated the need for parental responsibility. He stated that from a personal standpoint, the place of business he works at arrests juveniles who are not minorities and oftentimes are two- parent families. Mayor Rhodes felt that there was not an emergency to pass the ordinance. She stated that a proposal to appoint a youth commission be looked into next week. Mrs. Rhodes also felt the passage of the ordinance would create more problems than fix them. Council Member Longoria favored the tabling of the ordinance and receiving input on the issue. Council Member Galindo made a motion to table the ordinance for 45 days after the third reading, and it failed to pass. City Secretary Chapa polled the Council for their votes and the following motions passed: 9. M92-093 Motion to amend prior to Second Reading the ordinance on Parental responsibility, by adding new Subsection (d), Administration and Application. The foregoing motion passed by the following vote: Guerrero, Martin, McComb, McNichols and Moss voting, "Aye"; Rhodes, Galindo, Longoria and Slavik voting, "No? 10. SECOND READING PROHIBITING PARENTS FROM ENCOURAGING OR AIDING THEIR MINOR CHILDREN IN COMMITTING PENAL OFFENSES; PROHIBITING PARENTS FROM EXERCISING LESS THAN REASONABLE CONTROL OVER THEIR MINOR CHILDREN IN ORDER TO PREVENT SAID CHILDREN FROM COMMITTING PENAL OFFENSES; ADDING SECTION 33-43 TO THE Minutes Regular Council Meeting April 14, 1992 Page 10 CITY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Guerrero, Martin, McComb, McNichols and Moss voting, "Aye"; Rhodes, Galindo, Longoria and Slavik voting, "No." i t t■•* 3 3 3 3 6* Mayor Rhodes opened the public hearing on closing and abandoning a 0.25' x 51.2' section of Water Street right-of-way adjacent to Lot 2, Block 2, Water Beach Portion, subject to the applicant paying fair market value for the street and replatting the property within 180 days. No one was in opposition to the closure. Mayor Rhodes made a motion to close the public hearing; seconded by Council Member Guerrero and passed unanimously. Council Member Moss inquired as to the events leading to the issue. Council Member Martin explained that there are many encroachments within the City and usually are not discovered until time of sale. Mr. Carl Crull, Director of Engineering, stated that the City is the seller and the purchaser would not buy the property until encroachment issues had been resolved. City Secretary Chapa polled the Council for their votes and the following ordinance passed: 11. ORDINANCE NO. 021371 CLOSING AND ABANDONING A 0.25' X 51.2' SECTION OF WATER STREET RIGHT-OF-WAY ADJACENT TO LOT 2, BLOCK 2, WATER BEACH PORTION, AS RECORDED IN VOLUME 9, PAGES 38 THROUGH 41, MAP RECORDS, NUECES COUNTY, TEXAS, SUBJECT TO THE APPLICANT PAYING FAIR MARKET VALUE FOR THE STREET, AND REPLATTING THE PROPERTY WITHIN 180 DAYS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Council Member Guerrero made a motion that the Council hold off the closed session and proceed with the petitions from the audience; seconded by Council Member Slavik and passed unanimously. Minutes Regular Council Meeting April 14, 1992 Page 11 Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. James Sierman, 417 Scotland, expressed concerns on drainage ditches in the Flour Bluff area, specifically in front of his house. He felt that the ditches should be filled. Council Member Slavik inquired as to why the City continues to dig ditches with a high water table. City Manager Garza replied that the City is aware of the water table problem and has engineered the digging of ditches. Mr. William W. Lumpy II, 4722 Larcade, invited the City Council to attend the National Day of Prayer on May 7, 1992. Mr. Eric Wramp, 802 Barry, President, Police Officer's Association, spoke on behalf of the association requesting support by the Council to reach an agreement on the Police contract. Council Member Guerrero asked staff if the City had come to a tentative agreement with the Police Association. City Manager Juan Garza replied a tentative agreement had been reached, but the Association did not uphold their end of the agreement; therefore, he withdrew his endorsement. Mayor Rhodes stated that the issue should be discussed in closed session. She ordered that a closed session be scheduled for the following week. Mr. Phil Rosenstein, 949 Bobalo, expressed concerns on the freezing of the meal program for senior citizens thereby creating waiting lists. He said that a letter sent out by Ms. Cecilia Martinez, Director of Senior Community Services, stated that the freeze was due to the centers having full capacity. He also stated that the approval to build a new facility was on hold because of coordination with the Corpus Christi Independent School District to provide the meals and felt that the delay in the facility generates a waiting list. City Manager Juan Garza replied that the delay is partly due to CCISD providing meals, but the major issue concerned the distribution of monies. Mr. Garza stated that the contract could be changed to have another contractor provide the meals to the citizens. Mayor Rhodes asked staff what is being done presently for the senior citizens who are on the list. Mr. Garza replied that he was not aware of a waiting list. Council Member Martin reminded staff that Council be informed of issues concerning senior citizens. He also stated there are alternatives such as staggering meal times to provide the meals to the citizens at the centers. Mayor Rhodes asked that staff look into the matter concerning the waiting list. Reverend Jerry Vestal stated that he feels the invocation should continue to be conducted at the Council Meetings. Minutes Regular Council Meeting April 14, 1992 Page 12 The Council went into closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S., regarding the Voting Rights Lawsuit, Alonzo et al v. City. Mayor Rhodes reconvened the Council Meeting, and there being no further business to come before the Council, declared the Council Meeting adjourned at 5:05 p.m. on April 14, 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 April 14, 1992, which were approved by the City Council on April 21, 1992. WITNESSETH MY HAND AND SEAL, this the 12th day of May, 1992. Armando Chapa City Secretary SEAL COLcs___