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HomeMy WebLinkAboutMinutes City Council - 06/30/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 30, 1992 2:00 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Jean Longoria Council Members: Cezar Galindo Leo Guerrero Edward Martin Dr. David McNichols Clif Moss Mary Pat Slavik ABSENT Joe McComb City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Mickey McCandless of South Bluff United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Armando 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 and Special Council Meetings of June 23, 1992, and there being no corrections, she proclaimed them approved as presented. Mrs. Debbie Lindsey -Opel, Assistant to the Mayor, and Manny Alvarez, Public Relations Chairperson for the Mayor's Steering Committee for the Fourth of July gave a presentation on the various activities to be held this weekend. MitMFILVED Minutes Regular Council Meeting June 30, 1992 Page 2 Mr. Jimmy Rodriguez of the Special Olympics informed the Council of activities planned for the Fourth of July weekend. He stated that a carnival will be held at the Memorial Coliseum. The North Beach area will be sponsoring a Windsurfing and Volleyball Tournament. Other activities include: jazz festival, water activities in the T - Head area, and a competition for local cheerleaders. Food and drink booths will be available. Mrs. Lindsey -Opel thanked staff for their support in this year's Fourth of July activities. Mr. Alvarez also informed the Council that NAS Corpus Christi is sponsoring a Beach Bash which will be free and open to the public. He also stated that the Committee will attempt to make the festivities known state-wide next year. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 8, and Council Members requested that Items 1, 3, 4, and 5 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following items were passed: 2. M92-147 Motion approving supply agreements for miscellaneous traffic markers in accordance with Bid Invitation No. BI -0143-92 with the following companies for the following amounts based on low bid for an estimated annual total of $88,722.40. The terms of the agreements 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 markers will be used by the Traffic Engineering and Water Departments. Funds have been budgeted for FY 91-92 and requested for FY 92-93 by the using departments. Potters, Ind. Inc. Brownwood. Texas (glass spheres) $10,381 3M Company St. Paul. MN (pavement marking) $51,558.90 Southwestern Materials Georgetown. Texas (plastic pavement markers) $25,632.50 Trantex Houston. Texas (adhesive) $1,150 GRAND TOTAL - $88,722.40 Minutes Regular Council Meeting June 30, 1992 Page 3 The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. 6. M92-151 Motion authorizing the City Manager to submit a grant application and execute a grant agreement with the Environmental Protection Agency (EPA) in the amount of $25,000 from their Water Use Efficiency Program for the development of an interpretive exhibit of the Nueces River Basin as part of the Xeriscape Design and Exhibit Garden. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. 7. ORDINANCE NO. 021418 Ordinance adopting the final assessment roll for the Gardendale Area Street Improvements, Phase III, indicating assessments of $141,898.25 on 128 items. The foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. 8. Second Reading Ordinance - Authorizing the City Manager or his designee to execute a lease agreement for space at the Museum for Ships of Discovery, Inc. for a one-year period. The foregoing ordinance passed on the second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. Relative to Item 1, rejection of bids for a supply agreement for soil, Mr. Phil Hurst, Suntide Materials and Trucking, commented on the bid his company presented the City and expressed his desire to have council award the bid to his company. City Manager Garza recommended rejection of the bids based on a letter received from Suntide Materials and Trucking indicating that their company would not allow the City to take advantage of other sources, except City and State, in obtaining soil for the City. Mr. Hurst felt that the City could obtain dirt from other substantial projects with the City and State. He stated other bidders were aware of his company's bid. He was concerned of the possibility of other companies underbidding him since they were now aware of his prices. Minutes Regular Council Meeting June 30, 1992 Page 4 Council Member Martin inquired as to what staff specifically asked Suntide Materials to respond to in the letter. City Manager Garza replied that Suntide Materials and Trucking proposed an agreement, which was rejected by staff due to the agreement not including the use of other sources to obtain soil. Mr. Martin stated that a motion was made last week requesting that a guarantee be issued to Suntide Materials and Trucking for purchase of a certain amount of soil. Mr. Hurst replied that the City did not enter into such an agreement. Mr. F.D. Glenn, Purchasing Agent, stated that the original terms of the bid was a supply agreement but that Mr. Hurst had requested a guarantee, or at least a reasonable assumption, on the amount of soil that the City would purchase. Mayor Rhodes and several Council Members felt that a guarantee should be issued to Suntide Materials and Trucking for the purchase of soil, with the option of buying from other sources. After further discussion, staff was instructed to negotiate with the bidder to reach an agreement on the purchase of soil based on low bid. The item was postponed for one week. Relative to Item 3, Oso Creek Park construction, Council Member McNichols asked why it was necessary to start construction immediately. City Manager Garza replied that the Texas Parks & Wildlife Department stipulates that all grants must be used within a set period of time. In this instance, the period is September 1, 1992. Dr. McNichols inquired as to the use of the palapa. Mr. Malcolm Matthews, Director of Parks & Recreation stated that the palapa will be used as a shelter and that the Botanical Gardens will be using it for bird observation at this particular site. Council Member Guerrero asked who owned the construction company that will be completing the project. Mr. Carl Crull, Director of Engineering, replied that Mr. Mike Mendez was the owner of Mendez Construction Company, and their company had completed other projects for the City in the past. Council Member Galindo inquired as to the five percent contingency fee quoted in the financial breakdown. Mr. Crull stated that the contingency fee covers problems associated with the project not covered in the contract. Mr. Galindo further questioned if the five percent contingency fee could be used for other purposes. Mr. Crull stated that if the contingency fee was not used by the end of the project, a change order could be issued for the Alternate #2 bid which includes an additional picnic unit at the play area. Relative to Item 4, Council Member Martin inquired as to who would pay for the installation of street lights in the Saratoga/Staples Plaza subdivision. Mr. Garza replied that the developer, Shell Land Management Company, would pay for the improvements. Mr. Crull stated that the developer had provided the City with a letter of commitment to pay for the lights. Minutes Regular Council Meeting June 30, 1992 Page 5 Council Member Moss expressed concerns regarding Item 5, execution of a contract for Construction Inspection Services. He felt that the City had been paying too much money in other similar contracts and was curious why this contract was relatively low. Mr. George Hext, Director of Aviation, replied that this contract was part of preliminary negotiations and that Mr. Herrera was not currently a certified engineer. Mr. Hext further stated that if Mr. Herrera were a certified engineer, his contract fee would be much higher. City Secretary Chapa polled the Council for their votes and the following motions passed: 1. POSTPONED ONE WEEK the --land ills. 3. M92-148 Motion awarding a contract in the amount of $100,698.71 to Mendez Construction Company to construct a driveway, parking area, nature trail, and palapa in Oso Creek Park. The foregoing motion passed by the following vote: Rhodes, Longoria, Galindo, Guerrero, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. 4. M92-149 Motion authorizing the execution of an agreement with Central Power and Light Company to install street lighting improvements in the Saratoga/Staples Plaza subdivision at a cost not to exceed $47,100. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. 5. M92-150 Motion authorizing the City Manager or his designee to execute two contracts for Construction Inspection Services and Engineering Technician Services between Mr. Adan Herrera and the City of Corpus Christi. A Construction Inspection Services contract in an amount not to exceed $24,500 associated with the Overlay of Taxiways A, C, E, F, J, V & W and Reconstruction of Taxiway U; GA Apron Extension and Fillet at Taxiway B & K; and an Engineering Technician Services contract in an amount not to exceed $4,500 for the preparation of drawings required to submit Pre - Applications for FAA Grants, and current Capital Outlay Projects. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. Minutes Regular Council Meeting June 30, 1992 Page 6 Mayor Rhodes called for consideration of Item 9 from the Regular Agenda and City Manager Juan Garza informed the Council that a special provision concerning health, safety, and welfare was used to expedite the project. Council Member Galindo asked City Manager Garza if the company being awarded the contract had been thoroughly inspected. Mr. Garza replied in the affirmative. City Secretary Chapa polled the Council for their votes and the following motion passed: 9. M92-152 Motion awarding a contract in the amount of $73,385 to King -Isles Construction Company to construct a rural roadway section to provide direct access between Greenfields by the Bay Subdivision, primarily to the new Ella Barnes Elementary School, and Wooldridge Road. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. Mayor Rhodes called for consideration of Item 10, Municipal Water Pollution Prevention Environmental Audit Report. Mr. Bill Hennings, Director of Public Works/Utilities presented an overview of the audit reports submitted to the EPA for the six wastewater treatment plants, problems with the plants, and the action to be taken to correct the problems. He stated that the audit reports are submitted annually and helps in eliminating potential problems. Mr. Hennings informed the Council that the Association of Metropolitan Sewer Agencies presented the City with the Gold award to three plants and the Silver award to two plants. The awards are presented to plants identified as complying with EPA guidelines relating to wastewater plant operations. The Gold Award was presented to the Westside, Allison, and Laguna Madre plants. The Silver Award was presented to the Broadway and Oso plants. The Whitecap plant is considered too small to be eligible. Dr. McNichols asked if the audit provided any new or useful information and inquired as to how many man hours were used in the preparation of the audit. Mr. Hennings replied that no additional information has been provided by this audit and stated that a report will be provided on man-hour usage. Minutes Regular Council Meeting June 30, 1992 Page 7 Council Member McNichols commended staff on the excellent job done in the preparation of the audit. City Secretary Chapa polled the Council for their votes and the following resolution passed: 10. RESOLUTION NO. 021417 Presentation of 1991 Municipal Water Pollution Prevention Environmental Audit Report. Resolution acknowledging council review and approval of the 1991 Municipal Water Pollution Prevention Environmental Audit Reports for six Corpus Christi Wastewater Treatment Plants, as required by the Environmental Protection Agency. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent. City Manager Garza presented an overview on the proposed amendment to the Code of Ordinances and an alternative presented by the Municipal Arts Commission on public artwork. Mr. Matthews stated that the amendment to the ordinance concerned the elimination of funding artwork at facilities not frequented by the public, excluding projects authorized in the 1986 bond election. The Municipal Arts Commission proposed an alternative that stated that funds be used for placing art on the exterior of buildings eligible for artwork. Mayor Rhodes asked if the artwork to be undertaken at the Fire Station #1 would be exterior. Mr. Matthews replied in the affirmative. Council Member Moss asked what the source of funding would be for the artwork at the Fire Station. Mr. Matthews replied that $10,000 was allocated in the Capital Improvement Program. Other funding sources included donations and a request to allocate funds from the Art Trust Fund. Council Member Martin asked what the alternative to the ordinance would permit staff to accomplish. Mr. Matthews replied that the alternative recommends that the exterior of public buildings not frequented by the public remain eligible for artwork. Mr. Martin expressed his concerns of the elimination of artwork from facilities not utilized by the public and concurred with the alternative presented by the Municipal Arts Commission. Minutes Regular Council Meeting June 30, 1992 Page 8 Mayor Rhodes moved that the ordinance be amended with the recommendations suggested by the Municipal Arts Commission; the motion passed unanimously by those present and voting. Mr. John Yochem, Chairman of the Municipal Arts Commission, spoke on the proposed changes to the ordinance and expressed his agreement with the alternative suggested by the Municipal Arts Commission. Council Member Galindo asked what effect the alternate amendment would have on the ordinance. Mr. Yochem replied that he felt the alternate amendment would not affect the ordinance, but would clarify Council's intentions on the funding of artwork in public facilities. Mayor Pro Tem Longoria inquired about the financial status on the Fire Station artwork. Mr. Matthews stated that the City has paid only a per diem for art professionals and no other expenses have been incurred to date. In response to Mr. Yochem's statement concerning the ordinance, Mr. Martin clarified that the current ordinance required artwork as opposed to the proposed ordinance which made buildings eligible for artwork. City Secretary Chapa polled the Council for their votes and the following ordinance passed, as amended: 11. First Reading Ordinance - Amending Chapter 2, Administration, of the City Code, by amending Division 6, Municipal Arts Commission, Section 2-109, Municipal Public Art Program, to exempt parts of City facilities that are not visited by the public; providing for severance. The foregoing ordinance passed on the first reading by the following vote, as amended: Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye"; Rhodes, Guerrero, and Martin voting "No"; McComb absent. City Manager Garza informed Council that amendments passed last week pertaining to Items 12, 13, and 14 have been incorporated into the ordinances. He pointed out that the wastewater winter averaging system would become effective June 30, 1993 rather than July 30, 1993. Relative to questions posed by Dr. McNichols regarding the water, gas, and wastewater rates, City Manager Garza stated that the rates reflected the City's six percent increase with the exception of the rates for seasonal customers which remain the same. Minutes Regular Council Meeting June 30, 1992 Page 10 13. Second Reading Ordinance - Amending the City Code, Chapter 55, Utilities, Article IV, Gas Rates and Charges, Section 55-61, Classification of customers and schedules of rates, as set forth in Ordinance No. 21001 as amended, so as to change the schedule of gas rates for all customers to the City -owned gas distribution system by providing a new schedule of gas rates for all customers. The foregoing ordinance passed on the second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, and Moss voting "Aye"; Slavik voting "No"; McComb absent. 14. Second Reading Ordinance - Amending Article VII, Section 55-100 of the Code of Ordinances, City of Corpus Christi, 1976 Revision, so as to provide certain increases in wastewater rates; deleting rates for dried sludge; adopting a winter averaging rate design system for one family residences effective June 1, 1993; providing for repeal of all ordinances in conflict. The foregoing ordinance passed on the second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, and Moss voting "Aye"; Slavik voting "No"; McComb absent. Mayor Rhodes announced the public hearing on the following zoning case: 15. ORDINANCE NO, 021419 Case No. 692-2. Scott Electric Company. Inc_ A change of zoning from 'R -1B" One - family Dwelling District to "I-2" Light Industrial District on Lots 3 and 4, Block 8, Shoreline Park, located on the southside of John Street, approximately 100 feet west of N. Port Avenue. Mayor Rhodes stated that both Planning Commission and staff recommend approval of the application. Mayor Rhodes called for comments from the audience in opposition to the zoning case; there was no opposition to the approval of the zoning case. Council Member Martin moved to close the public hearing, seconded by Mayor Pro Tem Longoria, and passed unanimously. Council Member Galindo inquired as to the differences in this zoning case and the case brought to Council approximately two weeks ago. Mr. Brandol Harvey, Director of Planning, explained that the case Mr. Galindo was referring to concerned a change in zoning from a residential district to a commercial district. He stated that Council had adopted a Minutes Regular Council Meeting June 30, 1992 Page 9 Council Member Slavik commented that there has been some criticism regarding cost of services being higher for residential customers than for commercial customers. City Manager Garza replied that there was not a significant difference between residential and commercial usage to warrant increasing commercial rates. In response to a request by Mrs. Slavik regarding winter averaging for homes in the low income area, Mr. Hennings stated that six homes were picked at random and commented on the changes that would occur for these homes with the proposed winter averaging system. Mrs. Slavik asked what circumstances would cause a residence to lower the wastewater rates. Mr. Hennings replied that generally a home that uses more water during the summer months would notice a decrease in there utility bill; any others would notice an increase. Mr. Phil Rosenstein, 949 Bobalo, stated that he was against the utility rate increases and felt that the wealthy people would benefit from the winter averaging system. Mr. J.E. O'Brien, 4130 Pompano, voiced his opposition to the utility increase and stated that a change in City policy would eliminate the need for an increase. He spoke specifically of the City departments paying for their utilities and the privatization of the billing and collection department. Council Member Martin suggested postponing the third reading of the ordinances until July 14th. Mayor Rhodes concurred with the suggestion and advised staff to change the date of the third reading. Responding to Mr. O'Brien's concerns on payment of utilities, Mr. Martin stated that City policy should be readdressed to include utility payments by City departments at a later date. He also requested information pertaining to the cost of service between residential and commercial customers. Mr. R.F. Hasker, 1813 Wallace, expressed opposition to the rebuilding of the reserve funds with the increased utility rates. Mr. Garza responded that his statement was to increase rates to prevent using reserve funds. City Secretary Chapa polled the Council for their votes and the following ordinances passed: 12. Second Reading Ordinance - Amending the City Code, Chapter 55, Utilities, Article III, Water Rates and Charges, Section 55-50, Schedule, by amending the water rate schedule for customers using treated and untreated water. The foregoing ordinance passed on the second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, and Moss voting "Aye"; Slavik voting "No"; McComb absent. Minutes Regular Council Meeting June 30, 1992 Page 11 plan to keep the previous zoning case as a residential district and the current area be changed to an industrial district. City Secretary Chapa polled the Council for their vote and the foregoing ordinance passed: ORDINANCE Amending the Zoning Ordinance upon application by Scott Electric Company, Inc., by granting a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lots 3 and 4, Block 8, Shoreline Park. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, Galindo, Martin, Guerrero, McNichols, Moss, and Slavik voting "Aye"; McComb absent. Mayor Rhodes announced the public hearing on the following zoning case: 16. ORDINANCE NO. 021420 Case No. C692-4. City of Corpus Christi: A change of zoning from "I-2" Light Industrial District and "I-2" Light Industrial District with a "SP" Special Permit to "A- 2" Apartment House District on Block 21, Chamberlain Subdivision; Block 2, Steele & Laughlin Addition; and Block 2, Morris & Mitchell's Extension of South End Addition, located in an area generally bounded by Marguerite, S. Alameda, Morris and Eleventh Streets. Mayor Rhodes stated that both the Planning Commission and staff recommend approval of the application. Mayor Rhodes called for public comments on the zoning case and there being none, Council Member McNichols moved to close the public hearing, seconded by Council Member Galindo, and passed unanimously. City Secretary Chapa polled the Council for their vote and the foregoing ordinance passed: ORDINANCE Amending the Zoning Ordinance upon application by the City of Corpus Christi by granting a change of zoning from "I-2" Light Industrial District and "I-2" Light Industrial District with a "SP" Special Permit to "A-2" Apartment House District on Minutes Regular Council Meeting June 30, 1992 Page 12 Block 21, Chamberlain Subdivision; Block 2, Steele & Laughlin Addition; and Block 2, Morris & Mitchell's Extension of South End Subdivision. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, Galindo, Martin, Guerrero, McNichols, Moss, and Slavik voting "Aye"; McComb absent. i f• i#* i t Y i i f t Mayor Rhodes called for the City Manager's report, and there was no report. Mayor Rhodes called for Council and Other Reports. Mayor Rhodes and Mayor Pro Tem Longoria asked for updates on repairs being done to Waldron Road and McKenzie Road. City Manager Garza stated that staff would provide an update at next week's meeting. Council Member Slavik stated that the public needs to be more informed on the efforts of recycling. She suggested that perhaps Ms. Susan Cable be responsible for the distribution of information on recycling. Mayor Pro Tem Longoria voiced agreement in the recycling efforts. She also commended staff for their participation in the clean up of the old Coca-Cola facility. Mayor Rhodes asked staff for this week's garbage pick-up schedule, and Mr. Hennings provided the information. Mrs. Rhodes expressed concerns with the pick up of recyclables, and Mr. Hennings replied that there are two weeks during the year that recyclables will not be picked up. Mayor Rhodes called for petitions from the audience. Mr. Leon Perez, 904 Buford, expressed concerns on the recycling program stating that he had not received his recycling bin but has already been billed for the bin. He inquired as to what the City paid for the recycling trucks. He also commented on the City's financial burden on the oil spillage at the U.S.S. Lexington site and the availability of street sweepers in the City. Mr. R.F. Hasker, 1813 Wallace, inquired as to who would be paying for the water being used to fill up the tanks on the U.S.S. Lexington. He stated that the water is coming from a fire hydrant with a water line out to the Lexington. City Manager Garza replied that the Tourist & Convention Bureau would be responsible for payment of the water bill. Minutes Regular Council Meeting June 30, 1992 Page 13 Mr. J.E. O'Brien, 4130 Pompano, expressed concerns on the tax rate increase and the possible annexation of the industrial district to generate more revenue. He also inquired as the increase in the Parks & Recreation budget. Mayor Rhodes stated that the industrial districts are under a contract and cannot be annexed. City Manager Garza replied that the increase in the Parks & Recreation budget is due to general liability and workmen's compensation insurance. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 3:50 p.m. on June 30, 1992. f i t i t i f t i►!! i 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 30, 1992, which were approved by the City Council on July 7, 1992. WITNESSETH MY HAND AND SEAL, this the 21st day of July, 1992. Armando Chapa City Secretary SEAL