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HomeMy WebLinkAboutMinutes City Council - 10/06/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 6, 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 Roz Lieberman, Executive Director of the Jewish Community Council, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss. 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 September 22, 1992, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes referred to the Board & Committee appointments and the following appointees were made by the Council. Ethics Commission Charles Dobbins, Reappointment Ruben Gonzalez, Reappointment Gerardo Garcia, Reappointment MLCRUFtLM P Minutes Regular Council Meeting October 6, 1992 Page 2 Human Relations Jonathan Blum Myra Stepter Intergovernmental Commission on Drug and Alcohol Abuse Jean Newberry, Reappointment Gloria Gibney Helen Gurley Museum of Science and History Gene Pennebaker, Reappointment Alda Klett, Reappointment Arthur Howerton, Reappointment Hilbert Dean, Reappointment Delbert Hooper, Reappointment 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, 4, and 5a, 5b, and 5c be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M92-261 Motion approving a supply agreement for approximately 540 magnesium anodes in accordance with Bid Invitation No. BI -0006-93 with Brance Krachy Co., Corpus Christi, Texas, based on best bid for a total of $52,760.00. The term of the contract will be 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 are used by the Gas Department for cathodic protection of gas pipelines. Funds have been budgeted in FY 92-93. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Galindo absent. 3. M92-262 Motion approving a supply agreement for approximately six hundred tons of crushed limestone in accordance with Bid Invitation No. BI -0004-93 with South Texas Materials Company, Corpus Christi, Texas, based on low bid for the estimated annual expenditure of $12,600. The term of the contract shall be twelve months with option Minutes Regular Council Meeting October 6, 1992 Page 3 to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This material will be used by the Wastewater Division for the bedding of sewer lines and funds have been budgeted in FY 92-93. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye'; Galindo absent. 6. ORDINANCE NO. 021493 Ordinance authorizing the execution of a Use Privilege Agreement with Susser Environmental Services to install a monitoring well within the right-of-way of Corn Products Road approximately 200 feet south from Leopard Street, and establishing a use fee of $450.00. An emergency was declared and the following ordinance passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Galindo absent. 7. FIRST READING ORDINANCE Amending Article V Flood Hazard Prevention Code, Chapter 13 Building; Division 3, Section 13-180 to provide a date change, and Section 13-196 to make a clerical correction. The foregoing ordinance passed on first reading by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye'; Galindo absent. 8. ORDINANCE NO. 021494 Authorizing the execution of a one-year farming lease agreement with Julius Zdansky, Jr. for a 20.598 acre tract of land located at the northeast corner of Chapman Ranch Road and Saratoga Boulevard 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. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Galindo absent. Relative to Item 1, motion authorizing the City Manager to execute all necessary documents with the Coastal Bend Council of Governments for a six month contract extension in order to secure Older Americans' Act program funds for the City's Elderly Nutrition Program, Council Member Moss inquired about the expense to the City on an individual meal basis. City Manager Garza stated that he would provide this information to the Council. Minutes Regular Council Meeting October 6, 1992 Page 4 Pursuant to Items 5a, 5b, and 5c, allocation of arts support funds for Fiscal Year 1992-93, Council Member Slavik inquired about the nature of the Opera Guild of San Antonio referenced in the Agenda material. Mr. Sam Logsdon, Previous Chair of the Municipal Arts Commission Projects Committee, explained the history and functions of the Guild. Mr. Logsdon further explained that the Guild presented free opera performances to local schools. Mayor Rhodes opened the discussion on Item 4, motion authorizing the City Manager to execute an agreement with Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. (CBADRC) to provide $80,000 to complete the rehabilitation of the facility located at 1733 Brownlee. Mr. Joe West, Project Administrator for CBADRC, announced that CBADRC recently received a grant of $140,000 from the Meadows Foundation which would enable total completion of the project. Mr. West gave an update on the project and expressed appreciation to the City Council and City staff for their help. 1. M92-260 Motion authorizing the City Manager or his designee to execute all necessary documents with the Coastal Bend Council of Governments (CBCOG) for a six month contract extension for the period of October 1, 1992, through March 31, 1993, in order to secure Older Americans' Act program funds for the City's Elderly Nutrition Program. The contract extension includes $240,190 in Older Americans' Act funds, $55,794 in USDA Cash in Lieu of Commodity Funds, $169,394 in City cash match, and $21,011 in City In -Kind and donations. The federal grants, totalling $295,984 are to be appropriated. City match requirement was appropriated in the FY 92-93 City budget. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Galindo absent. 4. M92-263 Motion authorizing the City Manager or his designee to execute an agreement with Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. to provide $80,000 to complete the rehabilitation of the facility located at 1733 Brownlee. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Galindo absent. 5a. ORDINANCE NO. 021491 Ordinance appropriating a matching grant in the amount of $6,886 from the Texas Commission on the Arts. Minutes Regular Council Meeting October 6, 1992 Page 5 An emergency was declared and the following ordinance passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, Moss, and Slavik voting "Aye"; McNichols voting "No"; and Galindo absent. 5b. M92-264 Motion approving a recommendation by the Municipal Arts Commission for the allocation of arts funds to a total of twenty one (21) arts organizations and the Permanent Art Trust Fund for a total of $136,886. Funding of $130,000 is included in the FY 92-93 budget and $6,886 from the Texas Commission on the Arts. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, Moss, and Slavik voting "Aye'; McNichols voting "No"; and Galindo absent. 5c. M92-265 Motion approving contracts in the amount of $19,500 with the Corpus Christi Arts Council; $12,036 with the Texas Jazz Festival Society; $16,130 with the Corpus Christi Ballet; and $11,122 with the Corpus Christi Concert Ballet as part of the $136,886 allocated for the arts in FY 92-93 budget and grant from Texas Commission on the Arts. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, Moss, and Slavik voting "Aye"; McNichols voting "No"; and Galindo absent. Mayor Rhodes called for consideration from the Regular Agenda. Council Member Galindo arrived at the Council Meeting at 2:15. Mayor Rhodes opened the discussion on Item 9, Ordinance for the Improvements of Golf and Related Facilities. Pursuant to Item 9, Ordinance for the Improvements of Golf and Related Facilities, Mayor Rhodes moved to amend the Motion recommending amendments to the Lease and Management Contract as follows: replace the words "average of" to "change in" in 5.06 and 11.03 of the Lease and 3.01 and 11.03 in the Management Contract, and change 1.05 in the Management Contract to include "except approval in Section 2, to extend this Agreement, which extension shall be entirely within the City Council's discretion." This motion was seconded by Council Member Guerrero, and passed unanimously. Council Member Martin moved to amend the Lease and Management Contract to include staff recommendations as they were amended by Mayor Rhodes' motion, seconded by Mayor Rhodes. Minutes Regular Council Meeting October 6, 1992 Page 6 Mr. Martin referred to Items C-1, C-13, C-23 and Mr. Utter explained that this attachment was from the September 4th agenda packet on golf. Mr. Martin moved that the approvals set out in: C-1; approval of plans and specifications and construction schedule; C-13, five year capital improvement program and expedited plan; C-23, approval of any proposed surcharge on greens fees be City Council approvals, and the Motion to amend the Lease and the Management Contract be amended to include City Council approval of these items, seconded by Council Member Moss. Responding to an inquiry from Council Member Slavik, Mr. Martin explained that the Motion to amend the Lease and the Management Contract already included City Council approval of Items C-14, C-16, and C-21, and that his motion added Items C-1, C-13, and C-23 to the items that required City Council approval. Mr. Utter explained that Mayor Rhodes' motion made technical amendments to the Motion to amend the Lease and the Management Contract, and that Mr. Martin's Motion added additional City Council approvals to the Motion to amend. Mayor Rhodes called for a vote on Mr. Martin's amendments, and the motion passed by those present and voting. Mayor Rhodes called for a vote on the Motion to amend the Lease and Management Contracts, as amended, which passed unanimously. Responding to several inquiries from Council Member McNichols, Mr. Tom Utter, Director of Development Services, discussed Section 3.05 of the Lease with Phoenix Group Holdings, Inc. Mr. Utter explained that presently the City was providing treated wastewater effluent to the two existing golf courses, and did not anticipate providing treated wastewater effluent to the new golf course. Mr. Utter stated that this determination would be based upon a City Council decision and the availability of treated wastewater effluent. Mr. Utter further stated that transporting treated wastewater effluent to the new golf course would be the responsibility of Phoenix Group Holdings, Inc. Further, Mr. Utter discussed Sections 9.01 and 9.03 of the Municipal Golf Course Management Contract with Phoenix Group Holdings, Inc. Mr. Utter stated that the proposed revenue percentages listed in Section 9.01 were based on a survey of charges in other cities and private entities, and were the highest percentages the City was able to negotiate. Next, Mr. Utter referred to Section 9.03 regarding the repayment of the negative fund balance. He stated that at the end of the proposed ten year contract, Phoenix Group Holdings, Inc. would not be responsible for the last two payments of $75,000 to the City in the event the City decided to terminate the management contract on the two existing golf courses. Council Member Galindo inquired about the proposed Recreational Vehicle Park (RV Park), and Mr. Garza stated that the City was attempting to create conditions which would contribute to the development of a RV Park. Minutes Regular Council Meeting October 6, 1992 Page 7 Council Member Slavik inquired whether Section 5, Remedies, of the Tourist Industrial District Agreement could include reimbursement to the City from Mr. Brooks for costs expended by the City, such as utility lines, to provide services to the proposed RV Park site in the event Mr. Brooks did not build the RV Park, and Mr. Utter explained that Phoenix Group Holdings, Inc. would be responsible for the costs of the utility lines. Mr. Utter next discussed the letter outlining the commitment from Mr. Brooks regarding the RV Park. Further responding to Mrs. Slavik's inquiries, Mr. Utter explained that the City would not give up ownership of the two existing golf courses, and at the end of the contract, the City would own the land and improvements at the new golf course. Next, Mrs. Slavik inquired about Section 5.07, Public Input, of the Lease with Phoenix Group Holdings, Inc.. Mr. Mike Phelan, Director of Operations of Phoenix Group Holdings, Inc., discussed meetings with local golf associations regarding the proposed advisory committee. Returning to Section 9.01 of the Municipal Golf Course Management Contract, Mr. Utter explained to Council Member Slavik that staff felt the negotiated percentages would be an adequate return to the City since the two existing golf courses would be properly maintained and the City would obtain a third golf course. Council Member Slavik further inquired regarding Section 1.05 of the Management Contract, and City Attorney Bray explained that "unreasonably withheld" was standard language and explained procedures for settling issues not agreed upon between the parties. Mr. Bray further stated that Phoenix Group Holdings, Inc. could not prevent a future Council from terminating the contract if there was adequate justification to terminate. Next, Council Member McComb discussed the importance of treated wastewater effluent in return flows. Additionally, Mr. Utter commented that, if the City's treated wastewater effluent was needed for return flows or pumping to back bays, the water would not be available to water golf courses. Mayor Rhodes called for comments from the audience. Mr. Leon Davis, local golfer, explained reasons he was not in favor of the proposals presently before the Council regarding the City's golf courses. Mr. J. W. Eder, 5502 Holly Road, discussed and distributed to Council Members a letter containing an alternative to leasing the City's golf courses, and requested examination of such alternative. Mr. Edwin Goldsmith, 3600 Aransas Street, in opposition, reviewed an estimated 1992 financial statement prepared by the City regarding the golf courses and compared these figures to the monies which would be received from leasing the golf courses. Minutes Regular Council Meeting October 6, 1992 Page 8 Mr. Larry Baker commended City staff for their work on the City golf courses, and expressed appreciation to the City Council for their work in obtaining a third golf course and RV Park in the Northwest area. Mr. Herbert Raymond, local golfer, stated that the golf courses were the biggest tourist attraction of the City and were too crowded in the winter for local citizens. Further, he stated that tourists did not visit the City for its art or fund local art, and yet the City spends a large amount of money on art each year. He further stated that he did not understand why the City did not want to fund local golf courses which were profitable to the City. tax. Mayor Rhodes commented that tourists did pay for local art through the hotel/motel Mayor Rhodes called for further comments from the Council. Council Member Martin commented that the revenue percentages in the Management Contract were created when the contract period was longer, and that at the end of the ten year period, the percentages would be renegotiated through a new contract. Mr. Utter confirmed Mr. Martin's statement. Responding to Mr. Martin's inquiry, City Manager Garza stated that he would provide the Council an amendment to the FY 1992-93 Budget regarding the golf course funds. Additionally, Council Member Martin commended the staff for their fine work in preparation of the golf course documents. Next, Mr. Martin stated that he could support five of the items before the Council if they had been presently separated. He next expressed concern and discussed the two he could not support, which were the creation of the Tourist Industrial District and outside management of the two existing golf courses. Council Member Longoria discussed outside management of the two existing golf courses which would eliminate local price competition which exists in other sports in the City, and the creation of the proposed RV Park. Mayor Rhodes reiterated that through these proposals the City would obtain a third golf course and RV Park, and would assist in setting golf fees. City Secretary Chapa polled the Council for their votes and the following passed as amended: 9. ORDINANCE NO. 021495 For the improvement of Golf and Related facilities in and for Corpus Christi by authorizing the execution of a real estate sales contract with Garnett Brooks; authorizing the acceptance of a warranty deed and drainage easement from Garnett Brooks; authorizing the execution of a thirty-year lease of public golf course between Minutes Regular Council Meeting October 6, 1992 Page 9 Phoenix Group Holdings, Inc. and the City of Corpus Christi, Texas; disannexing approximately 36.77 acres; authorizing a Tourist Industrial District Agreement with Garnett Brooks; authorizing the execution of a ten-year management agreement for two municipal golf courses between Phoenix Group Holdings, Inc. and the City of Corpus Christi, Texas; authorizing a fee schedule for three golf courses. The foregoing ordinance passed on third reading as amended by the following vote: Rhodes, Guerrero, Longoria, McComb, McNichols, Moss, and Slavik voting "Aye"; Galindo and Martin voting "No." Mayor Rhodes opened the discussion on Item 10, motion authorizing the City Manager to develop a plan for refunding portions of the City's outstanding debt when and if market conditions are such that the City can attain about a three percent level of savings She further commented about creating a team to include M. E. Alison and Company. City Manager Garza commented that the word "not" should be "net" in his Agenda Memorandum dated October 2, 1992 regarding number 5 in Item 10. Council Member McNichols asked what portion of the debt would be considered for refinancing, and City Manager Garza answered approximately one-sixth of the debt which included bonds and certificates of obligation. He further discussed federal law restrictions regarding the refinancing, and possible savings with respect to refinancing various amounts at various times. Council Members McComb and Slavik expressed support of Mr. Martin's debt refunding recommendation. Further, Council Member Slavik requested clarification of the refunding expense to the City, and Mr. Garza explained the proposed refunding criteria in his Agenda Memorandum of October 2, 1992. City Secretary Chapa polled the Council for their votes and the following passed: 10. M92-266 Motion authorizing the City Manager to develop a plan for refunding portions of the City's outstanding debt when and if market conditions are such that the City can attain about a 3% level of savings; and designating the team of M.E. Allison and Company, Financial Advisors; Dean Witter and Texas Commerce Bank, Underwriters; and McCall, Parkhurst & Horton, Bond Counsel; to assist the City in this endeavor. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the public hearing on the following zoning case: 11. Case No. 992-1. Bonifacio R. Rodriguez: A change of zoning from "R -1B" One - family Dwelling District to "B-4" General Business District on Lots 18 and 19, Block Minutes Regular Council Meeting October 6, 1992 Page 10 1, Lantana Subdivision, located on the southeast corner of Interstate 37 and Lantana Street. Mayor Rhodes stated that both the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. Mayor Rhodes asked if the applicant was in agreement with the change, and Mr. Utter stated the applicant did agree. No one opposed the zoning change. Council Member McComb made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes and the following passed: ORDINANCE NO. 021496 Amending the Zoning Ordinance upon application by Bonifacio R. Rodriguez by changing the zoning map in reference to Lots 18 and 19, Block 1, Lantana Subdivision, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; and declaring an emergency. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, and Slavik voting "Aye"; Guerrero and Moss absent. Mayor Rhodes called for the City Manager's report. City Manager Garza expressed appreciation to Tom Utter, Mike Reuwsaat, Malcolm Matthews, and Alison Gallaway for their work in the golf course proposals before the Council at the day's meeting. The City Council next viewed the video of Corpus Christi displayed at the recent Texas Transportation Commission meeting in Austin. Mayor Rhodes discussed a petition she received from Mayor Fink of Anchorage, Alaska, regarding "unfunded mandates." She stated that she supported and signed this petition. Mayor Rhodes stated that she was referring several items to City Manager Garza for review. These items included a letter from the Education Service Center requesting a recommendation for the Media Technological Advisory Committee, information on the Stormwater Permit Regulation Requirements Conference, a letter and accompanying Minutes Regular Council Meeting October 6, 1992 Page 11 material from a Radioactive Material Deposit Site, and a letter from Ann Richards regarding Geothermal Heat Pump Technology. Mayor Rhodes called for Council concerns and reports. Council Member Martin stated that he was pleased that a local company, Brance Krachy Company, was selected as "best bidder" for the supply agreement in Item 2 on the day's agenda. Next, Mr. Martin requested information regarding the present local building codes and requested a packet containing the final documents relating to the present golf course issue, and Mr. Garza stated that he would provide this information. Additionally, Mr. Martin requested clarification regarding the Koch Refining Company dinner, and City Secretary Chapa explained the circumstances. Further, Mr. Martin inquired about a letter from Mr. Atlee Cunningham regarding the withdrawal of water by Robstown, and Mr. Garza stated that he would investigate the matter and provide the Council further information. Council Member McNichols requested an update on the Department of Defense facility, and Mr. Garza stated he would provide this information. Council Member Martin stated that there are 128 cities under consideration. He further stated that the Department of Defense has indicated they will not make site visits and they will inform the public as to who is on the short list in November. Mayor Rhodes commented on the proposal which is contingent upon the sales tax election, and Dr. McNichols requested a copy of the proposal. Responding to Council Member McNichols inquiry, City Manager Garza explained his recently distributed material regarding the Proposed Northshore Regional Water Planning Study. Council Member Slavik requested that the City Council be kept closely informed regarding actions taken by the Texas Water Commission concerning the Oso Wastewater Treatment Plant. City Manager Garza reiterated the circumstances and stated that the Council would be advised of any future action. Next, Mrs. Slavik commented on the records kept by the National Council on Alcoholism on alcohol related accidents and other alcohol related public health problems in the United States, and inquired whether or not the City keeps such statistics. City Manager Garza stated that the City does maintain such statistics and that he would request Police Chief Henry Garrett to provide information on this subject to Mrs. Slavik. Council Member McComb commented on the art work in the City Hall atrium by artist Jesus Moroles. Mr. McComb further inquired if there would be an update presented on the trip to Washington regarding the Los Barcos fleet. Mayor Rhodes called for petitions from the audience. Mr. Harold Hoppenrath, 338 Clifford, distributed material concerning the Quincentenary and related projects, and requested careful Council consideration on all related matters. Minutes Regular Council Meeting October -6, 1992 Page 12 Mr. Jimmy Till, 1265 Southern Minerals Road, referred to several city -owned properties in the northwest are in need of maintenance, and suggested, before the Council considers annexing in the Violet area, to first consider properly maintaining city properties already owned. Mr. Till also distributed several pictures depicting the properties. Ms. Mary Saenz, representative of Texas Rehabilitation Commission, gave a brief presentation on ways to assist people with disabilities and requested Mayor Rhodes to proclaim National Disability Employment Awareness Month for the City of Corpus Christi. Mayor Rhodes suggested a proclamation presentation at the next Council meeting, and Mrs. Saenz stated she would furnish the Mayor's Office with the necessary information. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 3:45 p.m. on October 6, 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 October 6, 1992, which were approved by the City Council on October 13, 1992. WITNESSETH MY HAND AND SEAL, this the 9th day of November, 1992. Armando Chapa City Secretary SEAL