HomeMy WebLinkAboutMinutes City Council - 06/09/1992MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 9, 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 Pastor Don Kasper, Pastor of West Heights Baptist
Church, following which the Pledge of Allegiance to the Flag of the United States was led
by Council Member McNichols.
Assistant City Secretary Koenning 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 June 2, 1992, and there being no corrections, she proclaimed them approved as presented.
City Manager Garza described the problems which occurred at the O. N. Stevens
Plant on May 13, 1992, involving a water line break and commented on the fine job the
City's employees did in order to assure that the City have continuous water usage. These
employees consisted of Ken Bolen, Mike Vargo, Valerie Gray, Hubert Hall, and the water
crews. Mayor Rhodes also commended these employees on this dangerous task.
Mayor Rhodes recognized the Stringerette Twirlers of Corpus Christi and their
supervisor, Ms. Nancy Eisenhauer. Ms. Eisenhauer commented that the Stringerette
Twirlers have been selected by the First'1i,DQusic Encounters to be part of the
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Regular Council Meeting
June 9, 1992
Page 2
musical salute to the Discovery of America in Washington, D.C., and further commented
on the planned participation. Ms. Eisenhauer also presented Mayor Rhodes and the
Council Members with miniature batons and extended an invitation to the twirling preview
performance on June 12, 1992, at the Flour Bluff Varsity Gym. Mayor Rhodes
congratulated the twirlers on their superior achievements and stated it was an honor having
such talented teenagers in the community.
Mr. Bernard Paulson, President to the Board of Trade and Chairman of the Mayor's
Advisory Committee on Water Issues, gave a presentation on an Option Agreement for
water from Lake Texana, and distributed descriptive material. He stated that the Port has
approved this option agreement for eighteen months and discussed the South -Central Texas
Facilities Study. He stated that this study involves evaluating the costs and benefits of
potential water supply scenarios which would be funded by the Texas Water Development
Board and participating cities. Mr. Paulson further outlined the future needs of Corpus
Christi for water detailing the low and high demands involved and further commented on
other water sources available.
Mayor Rhodes requested Dr. McNichols to comment since he is also on the Mayor's
Committee. Dr. McNichols stated that the Texas Water Commission is acknowledging water
transfers as the wave of the future. He further discussed the technical details and feasibility
studies being performed and stated the City must be in a position to take immediate action
when the transfers are available. He also requested support and involvement from the City
Council.
Council Member McComb expressed his concerns regarding the water releases at
Lake Corpus Christi and briefly discussed the City's present and future water needs.
Council Member Slavik inquired regarding the City's cost for the South -Central Texas
study, and City Manager Garza replied that the total cost of the study is $1.1 million The
Texas Water Development Board is contributing $700,000 and requesting the involved cities
to contribute $400,000 which would be divided according to city populations. The suggested
portion for San Antonio would be $300,000 and the City of Corpus Christi's portion would
be $100,000. The City's portion could be divided further with the City contributing $50,000,
the Port of Corpus Christi $25,000, and the Board of Trade $25,000. Council Members
requested more information on the study's time frame, and City Manager Garza stated more
details would be presented at a later date.
Mayor Rhodes called for a vote on Dr. McNichols' motion to endorse the action
taken by the Port of Corpus Christi Authority on the option agreement for water from Lake
Texana, which was seconded by Council Member Longoria, and passed unanimously.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 through 9, and Council Members
requested that Items 1, 3, 8, and 9 be withheld for discussion.
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Regular Council Meeting
June 9, 1992
Page 3
Assistant City Secretary Koenning polled the Council for their votes and the following
were passed:
2. M92-133
Motion approving a supply agreement for mechanical, flanged and swivel fittings,
retainer glands and accessories in accordance with Bid Invitation No. BI -0112-92 with
International Supply, Corpus Christi, Texas, based on low bid for an estimated annual
expenditure of $159,279. 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 Water and Wastewater Departments. Funds have
been budgeted for FY 91-92 and requested for FY 92-93 by the using departments.
The foregoing motion passed by the following vote: Rhodes, McNichols, Moss,
Slavik, Galindo, Longoria, Martin, and McComb voting "Aye"; Guerrero absent.
4. FIRST READING
Authorizing the City Manager or his designee to enter into a five-year lease renewal
with the Southside Youth Sports Complex, Inc., for the use of two parcels of land at
Price Park for youth baseball programs.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Moss, Slavik, Galindo, Longoria, Martin, and McComb voting "Aye";
Guerrero absent.
5. FIRST READING
Authorizing the City Manager or his designee to renew a five-year lease agreement
with Nueces County MH -MR for the Old American Legion Building at 1626 S.
Brownlee.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Moss, Slavik, Galindo, Longoria, Martin, and McComb voting "Aye";
Guerrero absent.
6. FIRST READING
Authorizing the renewal of a one-year grazing lease agreement with Arturo Bayarena
for a ten acre tract of land on Hearn Road acquired as part of the O.N. Stevens
Plant Expansion project, and approving the rental fee of $70 per month.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Moss, Slavik, Galindo, Longoria, Martin, and McComb voting "Aye";
Guerrero absent.
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Regular Council Meeting
June 9, 1992
Page 4
7. FIRST READING
Authorizing a renewal of a one-year farming lease agreement with Julius Zdansky,
Jr. for a 20.993 acre tract of land located off Chapman Ranch Road, and approving
a rental fee of either a designated dollar portion of the crop harvested from the
acreage or a guaranteed $20/acre per crop year, whichever is greater.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Moss, Slavik, Galindo, Longoria, Martin, and McComb voting "Aye";
Guerrero absent.
Mayor Rhodes opened the discussion on Item 1, supply agreement for soil for Elliott
and Westside landfills.
Regarding the cost of this soil, Council Member Slavik inquired if a savings could be
possible through the purchase of dirt for the landfills, and City Manager Garza stated he
feels a contract is the best approach because it would ensure the best competitive price,
ensure a continuous, reliable source of material, and would avoid future emergencies.
Mr. Garza further discussed federal and state mandated dirt requirements concerning the
landfills.
Council Member McNichols commented on the chances of obtaining lower priced
dirt from construction sites, and City Manager Garza stated this option would not be
available after execution of this agreement. Council Member Moss stated he would like to
have the option of obtaining dirt at a lower cost that is available from other construction
projects, and Mr. Garza stated that due to governmental policies, a precarious situation
could be avoided if dirt was available through a permanent source. Dr. McNichols also
suggested planning the Westside closure to coincide with major construction which would
enable the City to obtain the construction dirt and save money.
Council Member Martin expressed concern for the request of monies from the Public
Health and Safety Bond Fund for this agreement and commented that the purchase of dirt
is classified as a daily operating expense and should be paid for through daily operating
costs, and not through bond money. Mr. Martin stated that there is revenues earned by the
Solid Waste Department which should be available to cover this expense.
Mayor Rhodes commented that this shortage was not created by the City but by
stricter governmental policies.
A discussion developed and it was determined that the 1986 Bond Program was for
closure of the Westside Landfill and improvements at Elliott Landfill.
Mr. Tom Utter, Director of Development Services, stated that the fund originally
consisted of $2.6 million for the Westside Landfill closure which was obtained from
Certificates of Obligation in 1990 and $870,000 from previous years. This fund was initially
to be used for the Westside Plant closure, but this closure was performed by City Staff. He
further stated that $350,000 was set aside for a new landfill site and $500,000 was combined
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Regular Council Meeting
June 9, 1992
Page 5
with other funds to be used for the road and other improvements at Elliott. A remaining
balance of approximately $2.2 million is available. Mr. Utter further commented that the
Westside Landfill needs approximately 300,000 cubic yards of dirt and the remaining portion
of the contract dirt could be used at the Elliott Landfill.
After the discussion, City Manager Garza requested that Item 1 be withdrawn and
reintroduced at the next council meeting.
1. WITHDRAWN
Regarding Item 3, grant agreement with the Texas Forest Service, Mayor Rhodes
opened the discussion.
Council Member Slavik requested a definition of "trust fund allocations" which is
mentioned in the accompanying agenda material for this item. Mr. Garza replied that
specific monies are set aside for certain parks and can be used in the utilization of matching
grants.
Council Member Moss expressed concern regarding the cost of the trees, and
Mr. Mike Gordon, Assistant Director of Park & Recreation, stated that this amount includes
installation and a drip irrigation system for each tree. Further, Mr. Garza stated that this
motion is approving the grant and the bid process will reveal competitive prices.
Pursuant to Items 8 ad 9, lease agreements with Brooks Chapel Early Childhood
Development Center, Inc. and Center for Hispanic Arts, Mayor Rhodes opened discussion.
Council Member Longoria requested an examination of the two lease agreements to
confirm that the payment of utilities and the payment of fire and liability insurance would
be the responsibility of the lessees, and City Attorney Bray stated his staff will reexamine
these leases. Mr. Garza affirmed that these responsibilities are the obligations of the lessee
and should be included specifically in the agreements.
Council Member McComb inquired if the building plans for the Childhood
Development Center had been completed by June 8, 1992, as previously anticipated, and
Mr. Garza affirmed the completion.
3. M92-134
Motion authorizing the City Manager or his designee to execute a grant agreement
with the Texas Forest Service (TFS) to receive assistance from the Small Business
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Regular Council Meeting
June 9, 1992
Page 6
Administration National Tree Planting Program for $31,000, which includes $17,100
in federal funds and $14,000 in City match, to plant trees in public parks.
The foregoing motion passed by the following vote: Rhodes, McNichols, Slavik,
Galindo, Longoria, Guerrero, Martin, and McComb voting "Aye;" and Moss voting
"No:'
8. SECOND READING
Authorizing the City Manager or his designee to execute a ten-year lease agreement
with Brooks Chapel Early Childhood Development Center, Inc., for property located
at 1517 Winnebago Street.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Moss, Slavik, Galindo, Longoria Guerrero, Martin, and McComb voting
"Aye."
9. SECOND READING
Authorizing the City Manager or his designee to execute a ten-year lease agreement
with the Center for Hispanic Arts for property described as Lot 2, Lawnview Annex,
Nueces County, Texas according to the Map or Plat recorded in Volume 31, Page 14
of the Map Records of Nueces County, Texas, save and except a 50 x 125 foot
portion of said Lot 2 situated on the South property line adjacent to Lots 5, 6, 7, 8
and 9, Block 4, Luter Addition on Lots 1, 2 and 3, Block 5, Lawnview Addition
according to the Map or Plat recorded in Volume A, Page 13 of the Map Records
of Nueces County, Texas (18th and Agnes Streets).
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Moss, Slavik, Galindo, Longoria Guerrero, Martin, and McComb voting
"Aye."
f i i i t R f f f i t t
Mayor Rhodes called for consideration from the Regular Agenda.
Mayor Rhodes opened the discussion on Items 10 and 11.
Council Member McComb commented favorably on these two items and stated that
he feels that the quality of service will be greatly enhanced through this training.
Assistant City Secretary Koenning polled the Council for their votes and the following
passed:
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Regular Council Meeting
June 9, 1992
Page 7
10. ORDINANCE NO. 021409
Ordinance appropriating $23,650 from the Law Enforcement Trust Account for
emergency medical dispatch training.
An emergency was declared and the foregoing passed by the following vote: Rhodes,
McNichols, Moss, Slavik, Galindo, Longoria, Guerrero, Martin, and McComb voting
"Aye."
11. M92-135
Motion awarding emergency medical dispatch training to Medical Priority
Consultants, Inc., Salt Lake City, Utah, in accordance with Bid Invitation No. BI -
0132 -92, based on the only bid of $48,650. This training is for the 9-1-1 Center
personnel to aid in dispatch response. Funding is available as follows: $25,000 from
the budget of E.M.S. and $23,650 from the Police Department's Law Enforcement
Trust Account.
The foregoing motion passed by the following vote: Rhodes, McNichols, Moss,
Slavik, Galindo, Longoria, Guerrero, Martin, and McComb voting "Aye."
Mayor Rhodes opened the discussion on Items 12 and 13.
Council Member Martin and Dr. McNichols commended city staff on the quick
response and excellent job on the Greenfields by the Bay Access Road. Further, Council
Member Longoria commented on the 25 foot wide roadway and inquired if 25 feet is wide
enough for school bus traffic, and Mr. Tom Utter replied in the affirmative and discussed
rural roadways.
Council Member McNichols suggested the implementation of a plan between the City
and the Corpus Christi Independent School District concerning new school construction in
order to preclude similar events in the future.
Council Member Moss inquired why City money was used for this project, and City
Manager Garza stated that the City is responsible for public safety.
Mayor Rhodes called for comments from the audience.
Ms. Mary Beth Nelson expressed appreciation on behalf of Green Fields by the Bay
for the efforts of the City Council and City staff in this project. She also distributed pictures
showing the general street condition prior to repairs.
Assistant City Secretary Koenning polled the Council for their votes and the following
passed:
Minutes
Regular Council Meeting
June 9, 1992
Page 8
12. M92-136
Motion authorizing acquisition of a 1.791 acre tract of land located south of
Wooldridge Road between Rodd Field Road and the Cayo Del Oso for $20,000, in
connection with the Greenfields by the Bay access road.
The foregoing motion passed by the following vote: Rhodes, McNichols, Moss,
Slavik, Galindo, Longoria, Guerrero, Martin, and McComb voting "Aye."
13. ORDINANCE NO. 021410
Ordinance appropriating $70,000 from the Street Trust Account for acquisition and
construction of a road located south of Wooldridge Road between Rodd Field Road
and the Cayo Del Oso in connection with the Greenfields by the Bay access road.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, McNichols, Moss, Slavik, Galindo, Longoria, Guerrero, Martin, and
McComb voting "Aye."
Mayor Rhodes called for discussion on Item 14, first reading of issuance of certificate
of convenience and necessity to American Cab and Shuttle Company for reconsideration.
Council Member Guerrero commented on the history involved in the withdrawal and
reconsideration of this ordinance and stated that the intent of the awarding of the franchise
for the limousine service was to assure airport shuttle service without relying on independent
cab drivers, and the City Manager Garza affirmed. Mr. Guerrero inquired if the City were
liable to the franchise holder because another cab company was attempting to circumvent
the system, and the City Manager stated this matter is under investigation as well as
attempts to reveal all circumstances involved.
Mr. George Hext, Director of Aviation, discussed the issue of the airport shuttle
telephone number and problems regarding the present situation between the cab companies.
Mr. Hext also stated that the Airport is seeking to resolve the situation amicably and
prevent any infringements on the franchise holder.
Mr. Hal George, attorney for American Cab Company, commented on the merger
between Texas Riviera and American Cab and stated, if needed, he will furnish more details
on the subject. He further commented on the exclusive rights of the franchise agreement
regarding the limousine service, and pick ups and deliveries.
Council Member Guerrero moved to pull Item 14 for two weeks until the problems
are resolved, and the motion failed to pass.
Council Member Martin commented on the urgency to resolve this situation between
the cab companies and a discussion developed.
Mayor Rhodes requested comments from the audience.
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Regular Council Meeting
June 9, 1992
Page 9
Mrs. Jose Valdez, 11610 Caliche Creek Drive, commented on the need for more
taxicabs at the Airport.
Mr. Bill Simmang, Checker Yellow Cab, commented on the City's regulation of
taxicabs and the City's current taxicab service, and stated he does not feel that additional
taxicabs are needed.
Mr. Hal George commented on the public hearing process required to determine the
City's need for additional taxi cabs and the results of such hearing. He further stated that
American Cab is willing to work out any problems that are currently present at the Airport.
City Secretary Chapa polled the Council for votes and the following ordinance failed
to pass with the following votes.
14. FIRST READING
Approving the issuance of a Certificate of Public Convenience and Necessity to
American Cab and Shuttle Company for the operation of a maximum of 12 taxicabs
within the City for a five-year term.
The foregoing ordinance failed to pass on first reading by the following vote:
Rhodes, Slavik, Martin, and McComb voting "Aye"; Galindo, Guerrero, Longoria,
McNichols, and Moss voting "No."
Mayor Rhodes called for the City Manager's report.
City Manager Garza invited the Council to the Nueces County River Authority
seminar on June 15, 1992, at 10:00 a.m. at the University of Texas Marine Institute, Port
Aransas and to the start-up reception for the Center for Hispanic Art's building on June 16,
1992, at 10:15 a.m.
City Manager Garza also commented on the Budget Workshop schedule and a
discussion developed regarding dates and times. Through this discussion the decision was
made to have a workshop after the June 16, 1992, council meeting following a short dinner
break, and after each consecutive council meeting as needed. Mayor Rhodes requested City
Manager Garza to keep the Tuesday council meetings to a minimum during this time, and
canceled the June 20, 1992, workshop.
Council Member Martin requested City Manager Garza to provide the background
material and options to the proposed Budget as soon as possible, and Mr. Garza stated this
material would be available on Friday.
Council Member McComb suggested the possibility of reducing the City's
contribution to employee retirement benefits as an alternative means of decreasing the $5
million budget deficit. City Manager Garza stated that the Texas Municipal Retirement
Minutes
Regular Council Meeting
June 9, 1992
Page 10
System had been contacted regarding this suggestion and a report would be provided to the
Council as soon as available, and further elaborated on the contents of the report. Further
discussion developed regarding the technical aspects of the retirement plan and it was
determined that this area should be examined.
Council Member Slavik asked City Manager Garza why the three cents for debt
service was included in the proposed five cents tax increase, and Mr. Garza replied that this
amount is needed to balance current revenues and current expenses for the debt service.
Mrs. Slavik referred to the fifteen month bond refinancing program implemented earlier this
year which was to prevent a two cents tax increase. Mr. Garza replied that the transfer of
money for reserved interest in the construction accounts did not increase sufficiently to pay
next year's debt service. Mr. Garza further stated that during the last three years he had
attempted to transfer from the overall tax rate, monies from Maintenance & Operations for
the debt service, which would leave the tax rate the same. However, due to the flat
economy, this plan was not accomplished.
Council Member McNichols proposed several options to the budget deficit and
requested comments from the Council. These options included temporarily imposing a
surcharge to EMS users, examining the City's group health insurance funds, and
reconsidering the City's self-insurance program.
Responding to Dr. McNichols's suggestion regarding the EMS fund, a discussion
ensued regarding RTA charges and Council Member McComb stated that these charges
total approximately $700,000 yearly. This amount includes five percent of EMS operational
costs in the approximate amount of $500,000 which is not related to the contractual
agreement with RTA, and $200,000 for street maintenance. Mr. McComb further stated
that the City Manager and President of the Hospital District are discussing possible
participation by the hospital district in EMS and expects definite amounts to be presented
to the Council before the EMS portion of the Budget. City Manager Garza suggested that
any participation received from the county hospital as a result of these negotiations could
be used initially to reduce the deficit before being used for operations.
Responding to Dr. McNichols' suggestion regarding the health insurance fund, City
Manager Garza stated that the $1.5 million increase could be examined. Further, Mr. Garza
commented on the City's self-insurance fund and revealed that $3.6 million is appropriated
in anticipation of the City's liability claims for the year. Mr. Garza further suggested that
this funding could be deleted and each claim presented to the Council on an individual
basis.
Mayor Rhodes read a letter from Carol Karter, County Commissioner, requesting an
appointment by the City Council to the Nueces County Coastal Management Plan task force
and requested that Dr. McNichols handle this request and suggest an appointee.
Mayor Rhodes also commented on the disruptions at the Human Relations
Commission meetings by Mr. Ron Hudson and requested suggestions to the problem. City
Manager Garza stated he would discuss possible solutions with the Chairman.
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Regular Council Meeting
June 9, 1992
Page 11
Mayor Rhodes called for Council concerns and reports.
Council Member Moss inquired whether the Waldron Field flight clear zone could
be sold instead of leased, and City Manager Garza stated this zone is located next to the
landfill, and needs to be kept as a buffer zone for landfill spill overs.
Council Member McComb commented on the funds due to the City from the Los
Barcos Festival and requested more information on the subject. City Manager Garza
replied he will present a report to the Council on this matter. Mr. McComb also expressed
concerns on a potential safety hazard in the Blanch Moore/Corona Connection involving
a house which he feels is too close to the curve on Williams Drive and requested an
investigation.
Council Member Longoria invited Council Members to the Taste of the Northwest
on June 18, 1992, from 6:00 to 8:00 at the River Hills Country Club.
Council Member McNichols requested inquiry in the leadership change concerning
Admiral Jim Scott and the Corpus Christi Area Tourist and Convention Bureau. Council
Member Martin stated he feels this is a personnel matter which cannot be questioned by
the City. Mayor Rhodes suggested that Dr. McNichols contact the Chairman and inform
the Council of the results.
Mayor Rhodes called for petitions from the audience.
Mr. Brad Ferris, 3218 Houston, commented on the budget and discussed possible
sales tax and income tax increases. Further, he felt that the tax exemptions for the
refineries should be looked into. Council Member Moss stated that there is only one
refinery located in the City.
Mr. Harold Hoppenwrath, 338 Clifford, commented on a letter in the newspaper
regarding opening prayer in meetings. He also read a letter from Ron Hudson he received
regarding the same subject.
Mr. Leon Perez, 904 Buford Street, commented on the Lexington matter in the
newspaper and freedom of religion.
s s a s s s s s: s a s s
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 4:30 p.m. on June 9, 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 June 9, 1992, which were
approved by the City Council on June 16, 1992.
WITNESSETH MY HAND AND SEAL, this the 21st day of July, 1992.
�... /
L€L�
Armando Chapa
City Secretary
SEAL