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.
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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.
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.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
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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
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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.
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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