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