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HomeMy WebLinkAboutMinutes City Council - 06/16/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 16, 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 Assistant City Attorney Ruben Perez City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Claude Axel, Mount Pilgrim 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 9, 1992, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes referred to the Board & Committee appointments and Sandra Watts was reappointed to the Civil Service Board and Commission. (M92-141) Mayor Rhodes stated the other vacancy would not be appointed at this time and the City Manager and City Council would agree upon an appointee at a later date. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 10, and Council Members requested that Items 3 and 4 be withheld for discussion. 'is 4*-judisi Minutes iegular Council Meeting June 16, 1992 Page 2 Assistant City Secretary Koenning polled the Council for their votes and the following were passed: 1. M92-137 Motion approving the purchase of two sludge containers with dollies in accordance with Bid Invitation No. BI -0169-92 from May Fabricating Co., Inc., Beeville, Texas based on the low bid of $17,680. These items will be used by the Wastewater Department and are budgeted in the FY 91-92 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent. 2. M92-138 Motion approving supply agreements for stainless steel pipe, chain and shackles in accordance with Bid Invitation No. BI -0156-92 with the following companies based on low bid for a grand total of $17,301.60. The terms of the contracts will be for 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. These items will be used by the Wastewater Department and funds have been budgeted in FY 91- 92 and requested for FY 92-93. Southwest Stainless, Inc. Corpus Christi, Texas $10,200 - Pipe Kennedy Wire Rope & Sling Corpus Christi, Texas $567.60 - Shackles Grand Total: $17,301.60 Texas Connections Corpus Christi, Texas $6,534 - Chain The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent. 5. ORDINANCE NO.021413 Ordinance authorizing the City Manager to execute a short term lease agreement not to exceed six months with Paisano Girl Scout Council, Inc., for the use of a 38 -acre tract adjacent to Lake Corpus Christi for recreational use. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Minutes tegular Council Meeting June 16, 1992 Page 3 6. FIRST READING ORDINANCE Authorizing the City Manager to execute a lease agreement with Paisano Girl Scout Council, Inc., for the use of a 38 -acre tract adjacent to Lake Corpus Christi for recreational use through December 31, 2010. The foregoing ordinance passed on first reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss, and Slavik voting, "Aye"; Guerrero absent. 7. SECOND READING ORDINANCE 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 second reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss, and Slavik voting, "Aye"; Guerrero absent. 8. SECOND READING ORDINANCE 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 second reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss, and Slavik voting, "Aye"; Guerrero absent. 9. SECOND READING ORDINANCE 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 second reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, Moss, and Slavik voting, "Aye"; Guerrero absent. 10. SECOND READING ORDINANCE 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. Minutes .tegular Council Meeting June 16, 1992 Page 4 The foregoing ordinance passed on second reading by the following vote: Rhodes, Longoria, Galindo, Martin, McComb, McNichols, and Slavik voting, "Aye"; Moss voting "No"; Guerrero absent. Mayor Rhodes opened discussion on Item 3, motion approving a supply agreement for soil to be used at the Elliott and Westside Landfills. Council Member Martin inquired if the soil was to be used for the closure of the Elliott Landfill or for daily cover, and City Manager Garza replied the soil would be used for both which includes closing the old section of Elliott Landfill and daily landfill cover. Mr. Garza further reiterated that the 1990 bond sale funds were not originally planned to be used for daily cover at Elliott. A discussion developed and Mr. Bob Bruner, Director of Solid Waste Services, answered the Council's questions regarding percentages of soil needed at both landfills for daily cover and future closures. He further discussed the area's rainfall which presented problems at the landfills concerning the closures. Council Member McNichols discussed the contract's soil price in comparison with prices from other sources, and Mr. Garza stated that he proposed this contract because it is an opportunity to eliminate the City's landfill dirt deficit. Mayor Rhodes requested comments from the audience on Item 3. Mr. Darryl Haas, 6838 Aswan, spoke of his concern regarding the contract which would eliminate the purchase of lower priced dirt for daily operations from other sources during the term of the contract. City Manager Garza stated that the excess dirt available from the City's projects would be available for use by the landfills but dirt from outside City sources would not be available during the term of this contract which is one year. After considerable discussion, the Council requested City Manager Garza review the contract language to determine if the City would be able to purchase lower priced dirt from other sources during the term of the contract, and City Manager Garza stated he would investigate this issue and contact the Council of the results. The item was postponed for Council consideration for one week. Mayor Rhodes opened discussion on Item 4, resolutions inviting St. Petersburg, Russia and Monterrey, Mexico to become sister cities of Corpus Christi. Council Member Slavik stated she appreciates the addition of these two fine cities to the program and commended the program. She stated that this program encouraged trade and economic development as well as improved international relations. Council Member McNichols inquired regarding the cost to the City for the establishment of this relationship, and City Manager Garza stated that $16,000 a year in City Minutes .Zegular Council Meeting June 16, 1992 Page 5 funds are used for all the Sister City programs. Council Member Slavik added that the Port would be contributing to the funding for the St. Petersburg, Russia relationship. Mayor Rhodes discussed the Sister City Program and commended the volunteers involved in the program. Mayor Rhodes called for comments from the audience. Mr. Leon Perez, 904 Buford, commented unfavorably on the addition of the two cities to the Sister City Program. Ms. Ortiz, Chairperson for the Monterrey Sister City Program, commented on the cultural and business relationship which would be developed through the program. Mayor Rhodes stated that the Texas Municipal League is encouraging the Sister City program because of the opportunities available on a worldwide basis and commended Ms. Ortiz for her participation. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 3. POSTPONED ONE WEEK 4.a RESOLUTION NO. 021411 Resolution inviting Saint Petersburg, Russia to become a sister city of Corpus Christi, Texas. 4.b RESOLUTION NO. 021412 Resolution inviting the City of Monterrey, Mexico to become a sister city of Corpus Christi, Texas. An emergency was declared and the foregoing resolutions passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Minutes Regular Council Meeting June 16, 1992 Page 6 Mayor Rhodes called for considerations from the Regular Agenda. She stated that Item 11 regarding foreclosures on homestead properties for failure to pay property taxes was being withdrawn. Mayor Rhodes opened the discussion on Item 12, appraisal of the City gas system. Council Member Slavik, committee chairperson, read a prepared statement regarding the contract bid process and commented on the committee meetings. Council Member Moss expressed concern regarding the contract fees and a discussion developed regarding the individual contract fees. City Manager Garza stated that some of these costs would be in effect only if related contract portions were realized. Council Member McNichols commented on potential buyers for the gas system and inquired regarding Resource Management International's (RMI) submittal of a disclosure of ownership interest statement. City Manager Garza stated that a disclosure of ownership interest statement has been submitted. Mayor Rhodes asked for comments from the audience. Mr. Sidney Smith, American Appraisers, Inc., Corpus Christi, commented on the letter sent to the City from Coopers & Lybrand requesting an amendment to their previous bid which would lower their bid to $45,000 with a time frame of 120 days. Council Member Martin stated that this amendment appears to be unprofessional and a discussion developed regarding the bidding process. Through this discussion it was determined that the bids were requested using a range scenario from which the choice of the bid from RMI was selected which led to contract negotiations. City Manager stated that RMI's range was $60,000 to $90,000 and Coopers and Lybrand was $80,000 to $95,000. Mayor Rhodes asked for comments from the audience. Mr. J. M. Goldston, Goldston Engineering, commented on the bidding process and stated he felt this requested amendment was unethical. City Manager Garza stated that the real estate section of the contract requires the contractor to hire local appraisers. 11. WITHDRAWN Minutes Regular Council Meeting June 16, 1992 Page 7 12. M92-139 Motion authorizing the City Manager to enter into a contract in the amount of $81,000 with Resource Management International for an appraisal of the City's gas system. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Council Member Martin commented on the long term effect involved in the possible gas department sale and assured that the procedure would be done in a careful and cautious manner. Mayor Rhodes stated that this matter is in the preliminary stages and the ultimate decisions would be made by the citizens of Corpus Christi. Mayor Rhodes announced the public hearing on the following zoning case: 13. Case No. 592-1, CMS, A Texas Partnership: A change of zoning from "I-2" Light Industrial District to "B-4" General Business District on 1.189 acres of land out of a 5.70 acre tract of land out of Block 20, J.C. Russell Farm Blocks, and out of 30.11 acre tract out of the original Tom Whelan Tract, located on the east side of Navigation Boulevard, approximately 290 feet north of Savage Lane. Mayor Rhodes stated that both the Planning Commission and staff recommended denial of the "B-4" District and in lieu thereof, recommended approval of a "B-3" District. Mayor Rhodes asked if the "B-4" District is acceptable to the applicant, and Tom Utter, Director of Development Services responded in the affirmative. No one opposed the zoning request. Council Member McNichols moved to close the public hearing, seconded by Council Member McComb, and passed unanimously. Assistant City Secretary Koenning polled the Council for their vote and the foregoing ordinance passed: ORDINANCE NO, 021414 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CMS, A TEXAS PARTNERSHIP BY CHANGING THE ZONING MAP IN REFERENCE TO 1.189 ACRES OF LAND OUT OF A 5.70 ACRE TRACT OF LAND OUT OF BLOCK 20, J.C. RUSSELL FARM BLOCKS, AND OUT OF A 30.11 ACRE Minutes 2egular Council Meeting June 16, 1992 Page 8 TRACT OUT OF THE ORIGINAL TOM WHELAN TRACT FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-3" BUSINESS DISTRICT. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, Galindo, Martin, Guerrero, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes called for the City Manager's report. Mayor Rhodes read a letter she received from Max W. Wells, Dallas City Councilman, which stated that the Texas Alcoholic Beverage Commission (TABC) has the exclusive authority to regulate all aspects of possession of alcoholic beverages, including consumption. Mr. Wells further stated in his letter that control of alcoholic beverages in public areas of downtowns, entertainment areas, and special districts should be in the hands of the cities, and local governments are more able to manage these areas and provide for continued growth and vitality. Mr. Wells' letter commented on the Sunset Advisory Commission's public hearing in Austin on June 25, 1992, at 9:00 a.m. at which time the commission will hear public testimony on proposed changes to the TABC. Mayor Rhodes read a proposed resolution endorsing legislation which would allow home rule municipalities to regulate consumption of alcoholic beverages in public places within designated portions of a city and requested support for this endorsement. Council Member Slavik moved to adopt this concept, seconded by Council Member McNichols, and passed unanimously. Mayor Rhodes called for Council concerns and reports. Council Member Martin expressed appreciation to Council Member McComb and the program "Operation Paintbrush." He commented on the number of homes painted and commended the volunteers. Mayor Rhodes commended Council Member Martin's participation in the resolution stating objection to the song "Cop Killer," which is now being supported nationally. Council Member McComb referred to the Blanche Moore/Corona Connection house which he requested information on from Engineering at the last council meeting. He stated that he received this information and the house would be located 5.1 feet from the right-of- way line. He further stated that the Commissioner's award was $15,000 which included damages that could be used to move the house. Mr. McComb inquired if there was a provision requiring the owner to move the house, and City Manager Garza stated that there is nothing the City can do to cause the owner to move the house further away from the right-of-way line. Mayor Rhodes asked for petitions from the audience. Mr. Jack Ratkovic, 13911 Seahorse, discussed the senior citizen tax exemptions and stated that he feels that this exemption should remain in effect. Minutes degular Council Meeting June 16, 1992 Page 9 Mr. Phil Rosenstein, 949 Bobalo, commented unfavorably on the adoption of a policy to allow foreclosures on homestead property for failure to pay property taxes. Mr. J. E. O'Brien, 4130 Pompano, commented on the budget proceedings involving future rate increases in wastewater and stated he feels that winter averaging needed further examination. City Manager Garza stated the 1991-92 Budget included a six percent increase for utilities which was not approved by the City Council. Council Member Guerrero commended the City Manager regarding information on the property tax rates and proposed increases presented to the Council. Mr. Guerrero further stated he felt this material should be made available to the public and stated it would enable the public to have a better understanding of the budget. Mayor Rhodes commented on the Department of Defense project and stated it will help the unemployment rate in the area which will in turn lower property tax rates on an individual basis. Mr. Raymond Hasker, 1813 Wallace, expressed concern regarding the one-half cent sales tax requested for the Department of Defense building. Mr. Jim Boggs, 1231 Agnes Street, commented on the tourist trade in Corpus Christi and distributed a "Corpus Christi Area Pocket Map" to the Council which he created. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 3:30 p.m. on June 16, 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 16, 1992, which were approved by the City Council on June 23, 1992. WITNESSETH MY HAND AND SEAL, this the 21st day of July, 1992. M Armando Chapa City Secretary SEAL