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HomeMy WebLinkAboutMinutes City Council - 09/01/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 1, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Cezar Galindo Leo Guerrero Edward Martin Joe McComb Dr. David McNichols * Betty Jean Longoria 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 Council Member Galindo, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Martin. City Secretary 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 Council Meeting of August 25, 1992, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes recognized Ms. Patsy Sparkman and Ms. Cleo Garcia, members of the Corpus Christi Quincentenary Commission. Ms. Sparkman gave a brief presentation on the commission's accomplishments and goals. Mayor Rhodes read a proclamation designating October 10, 1992, as Christopher Columbus Statue Dedication Day, and Ms. Sparkman accepted the proclamation. 4inutes regular Council Meeting September 1, 1992 Page 2 Council Member McNichols arrived at the Council Meeting at 2:05 p.m. Mayor Rhodes announced that appointments to the Municipal Arts Commission would be postponed. Mayor Rhodes referred to the Board & Committee appointments and the following appointees were made by the Council. Human Relations Commission Richard Leshin Park & Recreation Advisory Committee Toby Shor Oshman, Reappointment Roger Garrison, Reappointment Curtis Rich, Reappointment Jack Ratkovic, Reappointment Joe Garcia, Reappointment Planning Commission Lupe Longoria Senior Companion Program Advisory Committee Wesley G. Hart Sister City Committee Drue Combs, Reappointment Aurelio G. Valdez Jr., Reappointment Michael Flores, Reappointment Jose Torres, Reappointment Fernando Iglesias, Reappointment Fred Hoffmann, Reappointment Kim Thompson Lauro Cuellar 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 1, 5, 6, and 9a be withheld for discussion. City Secretary Chapa announced that Item 10, Amending the Code of Ordinances, Chapter 38, Peddlers, Vendors, Itinerant Merchants, and Solicitors, required modification, and Council Member Martin made a motion to change the word "State" to "City" in the Minutes .regular Council Meeting September 1, 1992 Page 3 necessary locations in the ordinance. The motion was seconded by Council Member McComb and passed unanimously. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M92-229 Motion authorizing the City Manager or his designee to execute an agreement with Ada Wilson Children's Center for Rehabilitation, Inc., to provide $88,000 from the FY 1992 CDBG Program for the replacement of the generator, air compressor and boiler unit at the facility located at 3511 S. Alameda. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 3. M92-230 Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi, Inc., to provide $90,900 from the FY 1992 CDBG Program for improvements to the facility at 3902 Greenwood. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 4. M92-231 Motion awarding a contract in the amount of $114,460.90 to A. Ortiz Construction & Paving for the construction of various parking lot and roadway improvements at Joe Garza Center, Greenwood/Horne Youth Sports Complex and H.P. Garcia Park parking lots (Greenwood Softball Complex). The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 7. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53, Traffic, so as to reflect the reorganization of the traffic signals, signs, and markings and parking control activities. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Minutes regular Council Meeting September 1, 1992 Page 4 8. SECOND READING ORDINANCE Amending the Flood Hazard Prevention Code as required by the Federal Emergency Management Agency (FEMA); providing for additions, deletions, and changes; providing for codification of said Ordinance as Article V Flood Hazard Prevention Code of Chapter 13 Buildings; Housing Premises Standards of the City Code of Ordinances. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9.b. SECOND READING ORDINANCE Amending the Code of Ordinances by amending Chapter 2, Administration, by repealing Division 12, Honey Bee Advisory Committee, Sections 2-140 and 2-141. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 10. ORDINANCE NO. 021472 Amending the Code of Ordinances, Chapter 38, Peddlers, Vendors, Itinerant Merchants, and Solicitors, Article II, Solicitations for Charitable Purposes, by repealing Sections 38-40 through 38-55, and substituting revised Sections 38-40 through 38-48. The foregoing ordinance passed on third reading as amended by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Relative to Item 1, motion approving a supply agreement for serial publication service with Popular Subscription Service, Council Member McNichols asked whether or not the cost would be less if a staff person handled the subscriptions rather than a subscription service. Mr. Herb G. Canales, Director of Libraries, explained the costs involved and stated that, when total costs were considered, the subscription service was more economical. A discussion developed and several Council Members agreed with Dr. McNichols' suggestion. City Manager Garza stated that he would investigate these costs and provide information to the Council. Mayor Rhodes opened the discussion on Item 5, motion awarding a contract to Texas Medical Data Systems, Inc. Council Member McNichols inquired if the contract price had changed since previous Council consideration, and Mr. Ron Coleman, Director of Emergency Medical Services, explained the changes to the specifications regarding account collection which reduced the '4inutes _regular Council Meeting September 1, 1992 Page 5 contract amount. Several Council Members stated they were pleased this contract had been examined closely. Pursuant to Item 6, ordinance authorizing the execution of a short term agreement to provide food service at City Hall, Council Member Moss inquired about the future plans for this operation. City Manager Garza briefly discussed the procedures for obtaining a permanent lessee. Mayor Rhodes opened the discussion on Item 9a, amending the Code of Ordinances, Chapter 6, Animal Control, Beekeeping. Council Member Slavik expressed concern regarding the effectiveness of the ordinance, and referred to her recent discussions with local beekeepers. She stated that it was her understanding that the ordinance would force local beekeepers to move their beehives outside the city limits. She further stated that this move would leave the community vulnerable to Africanized honey bees. Responding to Mrs. Slavik's concern regarding the absence of European honey bees in the community, Mr. Oscar Ortiz, Vector Control Supervisor stated that this action would not promote an increase of Africanized honey bees. Mr. Ortiz also reviewed the effects of the ordinance and stated that it was proposed by the Texas Beekeepers Association. Council Member Moss asked whether or not local beekeepers were consulted regarding the ordinance, and Mr. Bill Hennings, Director of Public Works/Utilities, discussed the Honey Bee Advisory Committee's members, meetings, and conclusions. Mr. R. J. Hershbach, 4650 Hakel, discussed the importance of honey bees in the community and reasons for their present and future extinction. Ms. Nina M. Sisley, Director of Public Health, reviewed the bee colony densities mentioned in the ordinance. Mr. J. R. Brown, local commercial beekeeper, discussed reasons he is not in favor of the proposed ordinance. Council Member Martin commented that the ordinance allows for beekeeping in residential areas for personal use and not for commercial use. Mrs. Lillian Edwards, 3529 Barnes, stated that she had been on the Honey Bee Advisory Committee and discussed the reasons she left the committee. Mrs. Edwards also commented that many local beekeepers would not be able to afford the honey bee flyway barrier required in the ordinance. Mr. Ralph Krause, 905 Talmadge, read a prepared statement regarding educational programs on honey bees in the community, and discussed reasons he opposed the ordinance. Minutes <egular Council Meeting September 1, 1992 Page 6 Responding to Mr. Krause's concern regarding the educational programs, Mayor Rhodes requested City Manager Garza to explore possibilities for public service programs to help educate the public. In response to Mr. Krause's concern regarding unwanted beehives in structural walls, Mr. Garza stated that the occupants of the premises would not be in violation of the ordinance. Mr. James Bryant, 4526 Carroll Lane, discussed the reasons he was opposed to the ordinance. City Secretary Chapa polled the Council for their votes and the following passed: 1. M92-228 Motion approving a supply agreement for serial publication service in accordance with Bid Invitation No. BI -0182-92 with Popular Subscription Service, Terre Haute, Indiana, based on low bid for an estimated annual expenditure of $21,733.84. The term of the contract 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. This service will be used by the Library. Funds have been budgeted in FY 1992-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, and McComb, voting "Aye"; McNichols, Moss, and Slavik voting "No." 5. M92-232 Motion awarding a contract to Texas Medical Data Systems, Inc. (TMDS), to provide Accounts Receivable Management and various Statistical and Financial Reports for EMS for $103,800 per year for two years, with an option to extend for two additional years. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 6. ORDINANCE NO. 021469 Ordinance authorizing the execution of a short term agreement to provide food service at City Hall. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Minutes tegular Council Meeting September 1, 1992 Page 7 9a. SECOND READING ORDINANCE Amending the Code of Ordinances, Chapter 6 Animal Control, by adding a new Article VI, Beekeeping, providing for regulation of beekeeping and penalties for violation. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, and McNichols voting "Aye"; Moss and Slavik voting "No." Mayor Rhodes called for consideration from the Regular Agenda. Mayor Rhodes opened the discussion on Items lla through l lf, stating that each item related to the Corpus Christi Public Library System. Mr. Herb Canales recognized Ms. Dorothea Castanon, Librarian at Greenwood Branch Library, for her efforts in the accomplishment of Items lla and 11b. City Secretary Chapa polled the Council for their votes and the following passed as follows: lla. M92-233 Motion authorizing the City Manager or his designee to accept a U.S. Department of Education grant in the amount of $35,000 designated for the continuation of a family literacy program at the Greenwood Branch Library. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." llb. M92-234 Motion authorizing the City Manager or his designee to accept a grant in the amount of $14,500 and to execute a contract and all related documents with the Texas State Library. These funds will be used to continue the GED program at the Greenwood Branch Library. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." llc. M92-235 Motion authorizing the City Manager or his designee to accept a grant in the amount of $23,847 to execute a contract and all related documents with the Texas State Minutes regular Council Meeting September 1, 1992 Page 8 Library. These funds will be used to purchase books and microfilm for the Local History/Genealogy collection at the Central Library. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." lld. M92-236 Motion authorizing the City Manager or his designee to accept a grant in the amount of $734,143 and to execute a contract and all related documents with the Texas State Library for the continued operation of the South Texas Library System located at the Corpus Christi Public Library for State Fiscal Year 1992-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 1le. M92-237 Motion authorizing the City Manager or his designee to accept a grant in the amount of $133,814 and to execute a contract and all related documents with the Texas State Library for the continued operation of the regional Interlibrary Loan Center located at the Corpus Christi Public Library for State Fiscal Year 1992-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." l lf. ORDINANCE NO. 021471 Ordinance appropriating a $35,000 U.S. Department of Education grant to continue a family literacy program at the Greenwood Branch Library; appropriating a $14,500 Texas State Library grant to continue the GED plus program at the Greenwood Branch Library; appropriating a $23,847 Texas State Library grant for the local history/genealogy collection at the Central Library; appropriating a $734,143 grant from the Texas State Library; appropriating a $133,814 grant from the Texas State Library for continued operation of the Regional Interlibrary Loan Center. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 12, resolution authorizing the City Manager to execute a revised contractual agreement with the Texas Department of Transportation for receipt of federal planning funds for the purpose of maintaining a comprehensive coordinated and continuing transportation planning process for the Corpus Christi Transportation Management Area. Minutes tegular Council Meeting September 1, 1992 Page 9 Mr. Tom Utter, Director of Development Services, discussed the federal funding and new program stipulations. Mr. Utter also distributed material to the Council regarding the Corpus Christi Metropolitan Planning Program (MPO). Responding to an inquiry from Dr. McNichols, Mr. Utter discussed the involvement of the Chamber of Commerce in the plan. Next, Mayor Rhodes and Mr. Utter stressed the importance of the appointment of the Transportation Planning Director. Further, City Manager Garza stated that the City would administer the grant and therefore be responsible for filling the position. Mr. Garza further elaborated on strengthening the MPO organization to efficiently address local transportation needs. Council Member Moss inquired about certain MPO responsibilities in the distributed material, and Mr. Utter stated that these were standard and present in all federally funded contracts. City Secretary Chapa polled the Council for their vote and the following passed as follows: 12. RESOLUTION NO. 021470 Resolution authorizing the City Manager or his designee to execute a revised contractual agreement with the Texas Department of Transportation for receipt of federal planning funds for the purpose of maintaining a comprehensive coordinated and continuing transportation planning process for the Corpus Christi Transportation Management Area. The foregoing resolution passed by the following vote: Rhodes, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye," Galindo and Guerrero absent. Mayor Rhodes recessed the Council Meeting for a closed meeting pursuant to Article 6252-17, Section 2(e), V.A.C.S., regarding Salone v. City, No. C-89-197, U.S. District Court; City v. U.S. West Communications Services, Inc., et al, No. 92-4804-E, 148th District Court; and City v. Business Communications Inc., et al, No. 90-1256-E, 148th District Court. Mayor Rhodes reconvened the Council Meeting. Mayor Rhodes called for the City Manager's report and Mr. Garza stated that he had no report. Mayor Rhodes called for Council concerns and reports. Council Member Martin commented on the answer received in the agenda packet regarding the housing discrimination brochure distributed by the Corpus Christi Human Relations Department. Mr. Martin stated that he was not in favor of this type of solicitation and suggested further investigation into the matter. Additionally, Mr. Martin referred to the information he received about the Industrial District negotiations. He stated that it was his understanding that the negotiations would be completed sixty days after the budget process. Minutes regular Council Meeting September 1, 1992 Page 10 Council Member McComb commented on the recently distributed information regarding the sale of the City's Gas System and suggested that the Council discuss the appraisal during closed session as previously discussed. Mr. McComb further suggested that the appraisal amount should be disclosed only after the bidding process. The Mayor and several Council Members supported these recommendations. Mr. McComb also discussed the hazards of the abandoned Parkdale School building located on Staples Street, and Mr. Garza agreed that this was a serious problem and stated that he would look into the matter. Council Member Moss referred to the recent hurricane damage in Florida and asked whether or not the local building standards were sufficient to prevent a similar situation in the City. Mr. Garza stated that the local code was designed with these factors in mind and discussed relative sections in the code. Mr. Moss also commented on the recent roof cave-in at a building on Staples Street, and Mr. Utter discussed the elements involved. Next, Mr. Moss mentioned the recent traffic accident at a traffic signal excavation and suggested that these projects be completed as quickly as possible to ensure public safety. Responding to Mr. Moss' inquiry, Mr. Garza stated that he would provide information regarding the new street striping equipment. Next, Mr. Moss inquired about the paving of Alameda Street and Ennis Joslin Road. Mr. Garza stated that funds to pave Alameda Street were not included in the initial project budget, and Mr. Utter stated that funds for paving Ennis Joslin Road were included in the request to the Texas Highway Commission. Mr. Garza also referred to the recent resolution in which the Council expressed support for a bond election to fund the Ennis Joslin Road improvements. A brief discussion ensued regarding the Council's decision on a recent plat appeal by Roy Smith, W. M. Bevly, and W. M. Wilson on August 11, 1992. Mr. Moss inquired if left hand turns would be authorized from the proposed street on to Staples if a traffic light were to be installed at that location. The Council was informed that the approval of the appeal was subject to no left hand turns at Staples. Mr. Moss made a motion to put this item back on the agenda to consider authorizing left hand turns on to Staples if a traffic signal light were installed. This motion was seconded by Council Member Slavik and passed unanimously. Council Member Longoria commented on the recently distributed material by the Human Relations Commission, and stated that she did not feel this material was a form of solicitation. A brief discussion developed concerning duties and funding of the Commission, and Mr. Garza referred to a sentence in the pamphlet regarding the landlord ignoring requests for repairs, and several Council Members recommended that this sentence be omitted in future distributions. Council Member McNichols asked about several projects the City Manager's Office was working on for him, and Mr. Garza stated that he would look into these matters. Dr. McNichols also discussed the purchase of a piano by the City which could be used for local concerts. 4inutes regular Council Meeting September 1, 1992 Page 11 Council Member Slavik commented on the "Don't Bag It" lawn care program, and asked if the staff had considered an ordinance barring grass clippings from landfills. Mr. Garza stated that this suggestion is under staff consideration. Responding to an inquiry from Council Member Galindo regarding the new computer equipment purchases and savings to the City, Mr. Garza stated that the MIS fund balances are approximately $50,000 and that funds were not budgeted for the replacement of a computer system. Mr. Garza also stated that the recent purchase of the EXXON computer was an exceptional purchase. Mayor Rhodes called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:20 p.m. on September 1, 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 September 1, 1992, which were approved by the City Council on September 8, 1992. WITNESSETH MY HAND AND SEAL, this the 24th day of September, 1992. Armando Chapa City Secretary SEAL