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HomeMy WebLinkAboutMinutes City Council - 04/21/1992MINUTES CITY OF CORPUS CFIRISTI, TEXAS Regular Council Meeting April 21, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Jean Longoria Council Members: Cezar Galindo Leo Guerrero 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 Herb Kinard, Missionary World Radio, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McNichols. 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 14, 1992, and there being no corrections, she proclaimed them approved as presented. State Representative Eddie Cavazos discussed proposed legislation regarding abusable glue and aerosol paint and requested the Council's support of a resolution endorsing legislation to strengthen State laws regulating abusable glue and aerosol paint. City Secretary Chapa polled the Council for their votes and the following resolution passed: RESOLUTION NO. 021375 MOILIF1l.MED Minutes Regular Council Meeting April 21, 1992 Page 2 ENDORSING LEGISLATION BY STATE REPRESENTATIVE EDDIE CAVAZOS TO STRENGTHEN LAWS REGULATING ABUSABLE GLUE AND AEROSOL PAINT. The foregoing resolution passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Mr. John Longoria, Director of the Boys and Girls Club, presented a general overview of a Youth 2000 Initiative Proposal which will take the lead in developing a strategy to help the community move from "crisis response" to "primary prevention" by addressing the needs of children and youth. He stated that the Youth 2000 Initiative calls for the establishment of a Youth Commission comprised of representatives from schools, local government, churches, community-based youth and family organizations. Mayor Rhodes stated that she would like Mr. Longoria to serve as chairman of the Youth Commission and that the Youth Commission be established by ordinance. City Manager Garza stated that he would like to take programs that the City currently has which provide services that are contracted out and earmark those funds to hire young people to help do the City's work. Mayor Rhodes inquired if the Municipal Court Judges could sentence youths to work for the City, indicating that she would like the youths to pay restitution to the victims, and City Manager Garza stated that the City currently has a program which allows individuals to work off fines doing jobs for the City. Discussion ensued and Council Member Martin moved to endorse establishment of the Youth Commission; that the mayor appoint an Interim Chairman; that the Commission be requested to present recommendations in ninety days with an ordinance establishing a permanent committee. The motion was seconded by Council Member Slavik and passed unanimously. Council Member McNichols requested staff to provide the Council with information on the City's position with regard to its liability in using youths that are working off some type of sentence doing work-related projects for the City. Judge Jack Hunter, Chairperson, Nueces County Youth Crime Prevention Task Force, summarized events of a community effort to address the growing gang involvement and teen violence in the City. He also discussed the task force's goals and objectives. Judge Hunter responded to specific questions from the Council and stated that he supports the concept of the proposed parental ordinance and the Youth Commission. Minutes Regular Council Meeting April 21, 1992 Page 3 Mayor Rhodes suggested that a member of Judge Hunter's task force be represented on the Youth Commission. ............ Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4 through 12, and Council Members requested that Items 4, 5, 6, 8, 10, 12 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M92-097 Motion authorizing the City Manager or his designee to submit an application and execute all documents necessary to extend the current contract with the Texas Department of Human Services for the continuation of the Title XX Meals on Wheels program. The contract period will be from June 1, 1992 through August 31, 1992. The amended contract contains a budget which includes $29,761 in Title XX funds, $4,759 in USDA funds, $7,583 in cash match from the City's general fund, and $669 in in-kind contributions for a contract total of $42,772. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 9. ORDINANCE NO. 021377 REPEALING CREATION OF THE PUBLIC UTILITIES ADVISORY COMMITTEE: AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo voting, "No." 11. ORDINANCE NO. 021373 WHEREBY THE CITY OF CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS Minutes Regular Council Meeting April 21, 1992 Page 4 GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. The foregoing ordinance passed on third reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero voting, "No." Relative to Item 4, approving the purchase of copper pipe, City Manager Garza advised that International Supply is recommended to receive the bid award based on low bid. He stated that pricing has increased approximately 18 percent since the last bid and the price increase is directly related to the volatility of the copper market. Council Member McNichols inquired if copper pipe, instead of PVC, is needed to go in and out of the meters, and City Manager Garza replied in the affirmative. Dr. McNichols expressed concern about the increase in pricing. City Manager Garza pointed out that four bids were received which indicates good competitive bidding and he elaborated on the bidding process. Dr. McNichols requested detailed information about the competitive bidding process because he is interested in getting the best product the City can purchase for the least amount of money. Responding to a question from Council Member Moss regarding bids being opened the day prior to the award, City Manager Garza stated that the last three or four purchases of copper have been done in this manner. Relative to Item 5, approving a supply agreement for bakery products, Council Member McNichols noted that only one bid was received and expressed concern about the sixteen percent price increase. City Manager Garza stated that in the competitive bidding process, the City does advertise and sends notices to people on the bidding list. He discussed price comparisons of bakery products. Dr. McNichols indicated that the request for proposals could have been changed. Council Member Guerrero stated that sole sourcing is against the law and noted that if the bid was not structured correctly, the City violated the law, and City Manager Garza emphasized that it is not sole -sourcing and that there is nothing illegal about the recommendation. Mr. Guerrero suggested that if the proposal had been split , the City could have received a better price. He stated that if only one bid was received, something is wrong with the system. Minutes Regular Council Meeting April 21, 1992 Page 5 Council Member Moss concurred with Council Members McNichols and Guerrero and suggested that the bid specifications could have been revised and bids readvertised. Council Member Galindo referred to the Intergovernmental Group regarding cooperative purchasing, and F. D. Glenn, Purchasing Agent, stated that food is not part of that arrangement, and Mr. Galindo suggested that food be included. Discussion followed and Council Member Martin suggested that the City buy directly from the school district's inventory. Mr. Glenn stated that the City can buy from another entity but he does not know whether the system is set up, and City Manager Garza stated that staff will look into the suggestion. On Item 6, Headstart Facility, Council Member Guerrero expressed concerns about the figures presented regarding the base hid and nine additive alternates, and City Manager Garza stated that there is $210,000 for the total project; the cost of construction is just one aspect; but there are additional costs. Mr. Garza noted that there is $15,400 for the design consultants. Council Member McNichols inquired about the construction price, and Carl Crull, Engineering Services Director, stated that the price is in line for the type of facility and he described the facility. Dr. McNichols asked if staff considered renovation of the existing building versus new construction, and Mr. Crull responded in the affirmative and stated that renovations for this type of facility are sometimes more expensive than building a new facility. Council Member Martin referred to an alternate concerning the parking lot and suggested that it is advantageous to spend a little more on infrastructure up front whenever possible when building a concrete versus an asphalt parking lot. Responding to a question from Council Member McComb, Mr. Crull stated that the City worked with the Nueces County Community Action Agency throughout the project including establishing the priorities of the alternates. Mr. McComb expressed support of a concrete parking lot versus the asphalt parking lot in lieu of other alternates. City Manager Garza stated that he would like to proceed with the contract but would reconsider the alternates before committing to a concrete parking lot. Relative to Item 8, appropriation of trust funds, Council Member Slavik referred to Section 5 of the proposed ordinance and inquired why the specific items to be funded were not broken down and she also asked about public art for Broadmoor Senior Center. City Manager Garza noted that public art is required by the Public Arts Ordinance. He indicated that this is a reasonable funding source; it is appropriating monies which the Council had directed to be spent. Mr. Garza stated that most of these are for items that are already completed; they are actually planned repairs for various centers and the money is being taken from the grant account. Mrs. Slavik requested a breakdown of the specific items. Mr. Garza advised that there are monies left in the Elderly Nutrition Program Trust Fund. Minutes Regular Council Meeting April 21, 1992 Page 6 Council Member Guerrero inquired why west side parks were not selected for park improvements and asked about the selection of the parks. Malcolm Matthews, Director of Park and Recreation, stated that the City has in its trust funds parks that received money through the Park Dedication Ordinance, noting that most of those are on the south side or in Calallen. He stated that staff is attempting to apply for small business administration tree grants to spread those dollars throughout the City. He stated that staff did not list the other projects that would receive money and he identified the projects. Mr. Guerrero asked how the west side parks will be developed, and Mr. Matthews responded through community development block grants and capital improvement programs. Council Member McNichols questioned the need for $5,000 worth of art at the fire station, and Mr. Matthews stated that money was set aside in the fire station project for art. He stated that there are particular projects in the bond program that were identified for public art. Dr. McNichols expressed concern about spending funds on art to be put in a building that the public does not visit. Mr. J. E. O'Brien, 4130 Pompano, inquired about the art for the fire station and asked if it is an appropriate expenditure. Responding to a question from Council Member Slavik, City Manager Garza stated that the selection process for art goes through selection panels. Mrs. Slavik raised questions about not putting art in the fire station, and City Manager Garza suggested that the ordinance could be amended. Pertaining to Item 10, new Southwestern Bell franchise, Council Member Guerrero expressed the opinion that despite the fact that the City has a good agreement, he is disappointed with SWB because the residential and commercial customers are going to pay for the additional money that the City will receive. He suggested that in future negotiations, something be worked out that would not pass the increase directly to the customer. Relative to Item 12, parental responsibility ordinance, Council Member Slavik stated that after hearing Judge Hunter's presentation, she is going to vote for the ordinance but she would like to have input from professionals. She suggested that the ordinance be reviewed in six months. Dr. Maria Luisa Garza, Gulf Coast Council of La Raza, commended the Council on working towards a plan to address the problem of juvenile delinquency. She stated that she would like to be a part of the Youth Commission. Dr. Garza presented the Council with copies of the Criminal Justice Plan for Texas. Mr. Rudy Cantu, Project Director, Coalition of Alcohol and Drug Education Network and Agencies, (CADENA) spoke about the goals and objectives of the agency and about their services. He indicated that he would provide input to make the ordinance workable. Minutes Regular Council Meeting April 21, 1992 Page 7 Ms. Mary Chavarry, Executive Director, Family Counseling Service, suggested an educational class for parents and adolescents. She described the services of Family Counseling Service. Ms. Joanne Tuck, Executive Director, Coastal Bend Council on Alcohol and Drug Abuse, expressed support of the CADENA project and spoke about programs for adolescent out-patient treatment for chemically dependent youth. Ms. Gwen Becka, Executive Director, Parents Anonymous, spoke in support of parental responsibility but she does not believe fining parents will have a significant impact on juvenile crime. She spoke in favor of creative sentencing. Mr. Johnny Moncada, 1510 Sunnybrook, spoke in favor of the ordinance. Mr. Abel Alonso, 1701 Thames, expressed support of the ordinance and stated that he would like parents to be a part of the Youth Commission. Ms. Sue Delaney, 5237 St. Andrews, read a prepared statement and stressed the importance of educating parents and students. Ms. Abby Saenz, 5127 Cape Ann, advised that the Texas Medical Association is also conducting a Year 2000 Study on the youth in the State of Texas regarding health issues. She commended the Council for their interest in alcohol and drug abuse of teenagers. City Secretary Chapa polled the Council for their votes and the following were passed: 4. M92-094 Motion approving the purchase of 12,500 ft. of copper pipe, sizes 3/4" - 2" with International Supply, Corpus Christi, Texas, in accordance with Bid Invitation No. BI - 0137 -92 based on low bid. This pipe will be stocked in the Warehouse and used by the Water Department. Funds have been budgeted for FY 91-92 by the Water Department. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, Moss and Slavik voting, "Aye"; McNichols voting, "No." 5. M92-095 Motion approving a supply agreement for bakery products in accordance with Bid Invitation No. BI -0117-92 with Richter Baking Co., Corpus Christi, Texas, based on only bid for an estimated annual expenditure of $10,355.50. 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 bakery items will be used by Senior Community Minutes Regular Council Meeting April 21, 1992 Page 8 Services for the Elderly Nutrition Program. Funds have been budgeted for FY 91-92 by Senior Community Services. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, Moss and Slavik voting, "Aye"; McNichols voting, "No." 6. M92-096 Motion awarding a contract in the amount of $180,786 to UMM, Inc. to construct a Headstart Facility. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 8. ORDINANCE NO. 021376 APPROPRIATING $106,847 FROM THE PARK TRUST FUND #111: $5,000 FROM PERMANENT ART TRUST FUND #111: $2,262 FROM THE SISTER CITY TRUST FUND #111; $1,850 FROM THE SENIOR EXCURSION FUND #162; $166,722 FROM THE ELDERLY NUTRITION PROGRAM TRUST FUND #162; AND $4,325 FROM THE LATCHKEY TRUST FUND #111, FOR VARIOUS CAPITAL IMPROVEMENTS AND PROGRAM REQUIREMENTS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 10. ORDINANCE NO. 021372 WHEREBY THE CITY OF CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO EXTEND THE TERM OF ORDINANCE NO. 20882 PASSED ON THE 6TH DAY OF MARCH, 1990, RELATING TO USE OF PUBLIC STREETS AND WAYS BY THE COMPANY AND THE CONDITIONS AND COMPENSATION THEREFORE. The foregoing ordinance passed on third reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols and Moss voting, "Aye"; Guerrero and Slavik voting, "No." 12. ORDINANCE NO. 021374 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 21, 1992 Page 9 CITY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Longoria, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Rhodes and Galindo voting, "No." * * * * * * * * * * * * * Mayor Rhodes called for consideration of Item 13, proposed adjustments to the current City of Corpus Christi single member district lines. City Secretary Chapa advised that the City is mandated by federal law and the City Charter to adjust its district lines in order to equalize the population in the single member districts. He reviewed the proposed adjustments and presented a plan of action, including public hearing dates and the dissemination of information to the public. Following the public hearings and broadcast of the adjusted single member district plan, he stated that he will report to the Council on the public input obtained and seek approval of the adjusted plan on June 2nd with submission to the Justice Department shortly thereafter. He stated that clearance from the Justice Department should come within 60 to 120 days thereafter, and this will give sufficient time to plan the April, 1993 election. City Secretary Chapa polled the Council for their votes and the following motion passed: 13. M92-098 Motion instructing the City Secretary to proceed with public hearings and the dissemination of information to the public regarding the staff proposed adjustments to the current single member district lines. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Rhodes called for consideration of Item 14, amending the code of ordinances, Chapter 9, Aviation, in regard to regulating the shuttle and limousine service, and City Manager Garza stated that the City recently approved a contract with the new service provider at the airport and agreed to create new districts and set up fee structures. He stated that the City has rate -making power in effect with respect to limousine service or taxicabs and this ordinance is putting into the code the agreement recently entered into. Council Member McComb questioned if the City is amending the ordinance to meet the contract or should it be drawing up a contract that meets the City's ordinances, and City Manager Garza stated that the contract was conditioned so that these rates would require Minutes Regular Council Meeting April 21, 1992 Page 10 Council approval. He reviewed the procedures and stated that the same rates were retained and he elaborated on the rates. George Hext, Aviation Director, stated that anyone had the opportunity to bid on this contract. He advised that this will result in a substantial improvement in the service at the Airport. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 14. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 9, AVIATION, SECTION 9-61, AND CHAPTER 57, VEHICLES FOR HIRE, SECTION 150, REGULATING THE AIRPORT SHUTTLE SERVICES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; AND DELETING AND RESERVING SECTIONS 57-151 THROUGH 57-163; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * Mayor Rhodes announced that Item 15 has been withdrawn. 15. Withdrawn AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SECTIONS 6 2, DEFINITIONS; 6 10, LICENSING; 6 11, PURSUIT OF ANIMALS; 612, LICENSE AND PLRMIT REVOCATION ADMINISTRATIVE PROCEEDINGS; 6 17, HORSE STABLE PERMIT; 6 18, COMMERCIAL PERMITS; 6 21, IMPOUNDMENT; 6 22, RABIES VACCINATION: 6 23, ANIMALS BITING AND/OR EXHIBITING SYMPTOMS Y. 6 30, ANIMAL CARE; 6 32, KEEPING OF FOWL; 6 36, WILDLIFE & BIRD - 41, EXCEPTIONS TO DISTANCE AND SECTIONS OF CHAPTER 6; AND PROVIDE FOR PUBLICATION. ************* Mayor Rhodes announced the assessment hearing for the Redbird Lane Street Improvements, indicating assessments of $67,067.95 on 18 items. Minutes Regular Council Meeting April 21, 1992 Page 11 City Attorney Bray requested that the City Engineer and the appraiser read their statements into the record. Carl Crull, Engineering Services Director, stated that he does not have his statement but a copy of it was provided in the attachment. He described the project and stated that low bidder was W. T. Young. Responding to a question from Council Member Moss, Mr. Crull discussed the subject of retaining walls and justified their necessity. He stated that the appraiser will address some adjustments in the proposed assessments due to the retaining walls. Mr. Jesus Garcia, the appraiser, Real Estate Appraisal Company, testified that he is a real estate appraiser and has been appraising both commercial and residential property for twenty-seven years. He stated that he is familiar with the project; he has examined each parcel and the assessment roll; and in his opinion, the properties assessed will be enhanced in value by the improvements at least in the amount of the assessments, with a few exceptions. He stated that Item #12 should be half of the assessment and Items 14, 17 and 18 would be enhanced by only thirty percent of the improvements. Mr. Crull reviewed the proposed adjustment figures and stated that the total assessment roll would be $49,352.11. Responding to a question from Council Member Moss, Mr. Crull stated that the City's assessment ordinance provides for full assessment for the frontage and on the corner, it provides for half the assessment. Mr. Crull stated that staff concurs with the appraiser's recommendation and he explained the assessment procedure. Mr. T. A. Setliff, a resident on the corner of Redbird and Leopard, expressed opposition to the retaining wall on his property. He stated that he is not opposed to the improvement of Redbird but is opposed to the method being used, stating that it puts the burden on local people. Mr. Crull explained the process used by the City in acquiring the right-of-way, stating that the City is actually taking more property off of the south side than on the north side. In planning for this project, he stated that staff worked with the Highway Department and recognized Mr. Setliffs problem and moved the alignment of Redbird Lane. He stated that if Mr. Setliff does not desire the retaining wall, staff could work something out but it would require grading back into his property. Council Member Galindo advised staff to make sure that Mr. Setliff understands the engineering reasoning for a retaining wall and if the City agrees not to erect it, he stated that it should be documented. Mr. Crull responded to specific questions from the Council about the improvements and about acquiring the right-of-way. Minutes Regular Council Meeting April 21, 1992 Page 12 Council Member Galindo moved to close the public hearing. The motion was seconded by Council Member McComb and passed unanimously by those present and voting. Mr. Crull advised that the motion to adopt the assessment role with the proposed changes and the award of the contract will be presented to the Council next week. * * * * * * * * * * * * * Mayor Rhodes announced that the scheduled closed session regarding Police collective bargaining has been rescheduled for next week. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report and there was no report. Mayor Rhodes referred to a letter from the Water Shore Advisory Committee regarding the Nueces County Coastal Management Plan which establishes the Intergovernmental Cooperative Task Force and would include a member of the Council. She stated that they are recommending that the appointment be made from the Water Shore Advisory Committee membership. Tom Utter, Director of Development Services, advised that when the Council receives the request from Nueces County, it will be scheduled as an agenda item. Ms. Rhodes referred to a memorandum from Council Member Martin regarding policies and practices in the selection of engineers, architects, accountants and other consulting professionals where the City is prohibited from competitive bids but must select based on other criteria. She stated that she would like the Council to adopt Mr. Martin's recommendations as formal policy of the Council. She moved to adopt the following as the Council's official policy: "1. Have the staff review each RFP before it goes out to determine if local expertise is available. If they determine it is available, then only solicit from local firms; 2. If the staff determines that insufficient local expertise exists, they are to document the decision and obtain approval to solicit RFP's from non -local firms. The 75 -percent rule would still be in effect; 3. If the 75 -percent rule cannot be met, the Council should be advised at an early stage for discussion, etc." The motion was seconded by Mayor Pro Tem Longoria and passed unanimously; Guerrero absent. Mrs. Rhodes referred to a letter from the Carriage Park Townhome Association about trouble with an animal. Following a brief discussion, City Manager Garza advised that the animal ordinance will be presented next week and will address the problem of dogs attacking people. Mrs. Rhodes referred to the memorandum from the City Secretary concerning the Kennedy Causeway Advisory Committee and asked if the Council wishes to abolish the committee. Council Member McNichols stated that he would like to have the opportunity to discuss this with representatives in his district before it is abolished. Minutes Regular Council Meeting April 21, 1992 Page 13 Mrs. Rhodes stated that she testified at the Municipal Management District Meeting and many people were not opposed to the district taxing themselves but were concerned that the district would be authorized to do a landmass type project, and City Attorney Bray stated that there is nothing in the creation of the district that reduces City authority over the water area or over any other public property. Mrs. Rhodes referred to petitions opposing the fee that the County has instituted and stated that the City does not have the authority to overrule the County. She stated that her office does not have room to store the petitions and asked that they be presented to the County. Mayor Rhodes called for reports from the Council. Council Member Galindo inquired about people's rights regarding the erection of antennas with cable companies, and City Attorney Bray stated that the antenna issue is between the landlord and the tenant. Mr. Galindo requested that they understand the height limit on the antennas. Council Member Martin inquired about the agenda item regarding the acquisition of a parcel in connection with the Redbird Lane improvements, and City Manager Garza stated that it is scheduled for next week. Mr. Martin expressed concerns about the appraisal price of the land. Mr. Martin reported on a recent meeting involving school boundary changes. Council Member Slavik spoke in reference to an environmental concern. She stated that it is her understanding that Montgomery Ward takes antifreeze and Minute Man takes used oil. She suggested that the City print up information regarding the pollutants and ask the sales people to hand out this information or at least tell the customers not to put the items in the sewers. Mayor Rhodes recommended that the suggestion be given to the Recycling Committee. Tom Utter, Director of Development Services, stated that staff will provide a report on this matter. Council Member McComb noted that last week the Texas Water Commission took over the charge of the Edwards Aquifer and stated that he would like the City to get in on the early stages in the analysis and review of that decision in terms of the Edwards Aquifer being an underground river. He suggested to ask the Nueces River Authority to keep the City updated and apprised on all the discussions and meetings, and City Manager Garza stated that he will ask them to share information. Mr. McComb referred to the full reservoirs and asked about the mandated releases. City Manager Garza presented a water update and stated that the spills during April have already satisfied 50 percent of the requirement for May. He indicated that all the requirements will be met because of flooding and not because of required releases. Mr. McComb inquired about lowering the flood gates, and City Manager Garza stated that it is a condition of flood management, and Bill Hennings, Director of Public Works/Utilities, Minutes Regular Council Meeting April 21, 1992 Page 14 stated that it is a design consideration, stating that the dam is designed so that water will never run over the top. Mr. McComb referred to the appointment of the Youth Commission and suggested holding town meetings for educational purposes regarding the parental responsibility ordinance. Council Member McNichols stated that in keeping an eye on what is going on with the regional water supply in terms of the Edwards Aquifer, it should be part of the task assigned to the Regional Water Coordinator. He concurred that it is important to monitor that because it does have some effect on the City in terms of a regional standpoint. Dr. McNichols stated that there is going to be a Regional Water Summit held to discuss some of the issues that relate to water and it is important for the City to participate in that summit. Mayor Rhodes noted that a tentative date has been set for May 7 but she has not received the formal notice yet. Dr. McNichols referred to the closed session which was postponed regarding police collective bargaining and suggested that the Council should be kept informed about what is occurring. City Manager Garza reported that he has met with the leadership of the Police Officers Association to reestablish contact, respect, and trust. He stated that this was accomplished and he was pleased with the meeting. Council Member Moss raised questions about a pending lawsuit concerning the Edwards Aquifer and the Guadalupe Blanco River Authority, and City Attorney Bray responded that the lawsuit is still pending and he will provide a status report. Mr. Moss stated that the City should thank the Texas Water Commission for holding the hearing last night. City Manager Garza stated that the hearing to be held in Austin is a legal requirement. Mr. Moss commented about the agreement between the City and the Texas Water Commission and suggested that an amendment be made to the contract. Council Member McNichols stated that he would hope that in the future, the City, through working with the Texas Water Commission, can get the policy changed so that the water is released only under certain circumstances and that the City is able to take advantage of large rain events. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Ronald Hudson, 3556 Austin, spoke on the issue of public prayers at Council Meetings. Mr. Harold Hoppenrath, 338 Clifford, spoke about the Management District Meeting and expressed concern that if they could not glean enough revenues from taxing themselves, Minutes Regular Council Meeting April 21, 1992 Page 15 it would fall back on the General Fund. He expressed the opinion that City government should set rates fairly for all businesses and all entities. Mr. Leon Perez, 904 Buford, commented in regard to the Meeting of the Management District and asked if they were going to assess their own taxes, and Mayor Rhodes advised him that they are going to assess themselves an additional tax to improve their neighborhood. Mayor Rhodes referred to the budget workshop and the Council requested that the budget workshop be scheduled at the beginning of next week's Council Meeting. Council Member McNichols stated that the Council needs to have information on revenues for this fiscal year. He asked about substantial projected changes in revenue sources for next year, additional sources of revenue alluded to previously about landmass funds, etc., and extra funds available for use in a discretionary way to address particular problems. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:25 p.m. on April 21, 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 21, 1992, which were approved by the City Council on April 28, 1992. WITNESSETH MY HAND AND SEAL, this the 12th day of May, 1992. Armando Chapa City Secretary SEAL