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HomeMy WebLinkAboutMinutes City Council - 10/13/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 13, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Cezar Galindo Leo Guerrero * Edward Martin Joe McComb Betty Jean Longoria ABSENT Dr. David McNichols Mary Pat Slavik City Manager Juan Garza City Attorney James R. Bray, Jr. Assistant City Secretary Saundra K. Koenning 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 McComb. Assistant City Secretary Koenning called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes excused Council Member Mary Pat Slavik for personal reasons from the day's Council Meeting. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of October 6, 1992, and there being no corrections, she proclaimed them approved as presented. ************* MICROFILMED Minutes Regular Council Meeting October 13, 1992 Page 2 Ms. Patsy Sparkman, member of the Corpus Christi Quincentenary Commission, expressed appreciation to the Council and the City for supporting the Commission, and gave a brief presentation on the recent Dedication Ceremony of the Christopher Columbus statue. Ms. Sparkman also distributed commemorative material to the Council regarding the dedication. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 12, and Council Members requested that Items 2, 3, 4a, 4b, 4c, 4d, 6a, 6b, 6c, 6d, and 6e be withheld for discussion. Assistant City Secretary Koenning polled the Council for their votes and the following were passed: 1. M92-267 Motion approving a supply agreement for approximately 43,000 gallons of MS -1 emulsion oil in accordance with Bid Invitation No. BI -0215-92 with Elf Asphalt, Austin, Texas, based on the low bid of $16,438.90. The term of the contract will be 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 material is used by the Street Department and funds have been budgeted in FY 92-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, and Moss voting "Aye"; and Guerrero, McNichols, and Slavik absent. 5. M92-274 Motion authorizing that the City Council adopt the annual contract with the Texas Department of Health for continuation of funding of the City -County Health Department from various state and federal funding sources in total estimated amount of $828,189. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, and Moss voting "Aye"; and Guerrero, McNichols, and Slavik absent. 7. ORDINANCE NO. 021497 Ordinance authorizing the execution of a Use Privilege Agreement with First Office Management, Inc. to install two monitoring wells within the City right-of-way at the corner of Tancahua and Antelope Streets, and establishing a use fee of $780. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, and Moss and voting "Aye"; Guerrero, McNichols, and Slavik absent. Minutes Regular Council Meeting October 13, 1992 Page 3 8. ORDINANCE NO, 021498 Ordinance amending Ordinance No. 20087, passed and approved on December 1, 1987, by amending Section 3 of said ordinance in order to adopt the final assessment roll for street improvements on the following streets: South Padre Island Drive (S.H. 358) Park Road 22 and NAS Drive Interchange from East of Oso Bay Bridges to East of Laguna Shores Road. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb and Moss voting "Aye"; Guerrero, McNichols, and Slavik absent. 9. FIRST READING ORDINANCE Authorizing the execution of a one year residential and grazing lease agreement with Mr. S. Gene Wilson for a 20 acre tract of land with improvements located off Yorktown Road, near Cayo Del Oso, for a rental fee of $500 per month. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, and Moss voting "Aye"; Guerrero, McNichols, and Slavik absent. 10. SECOND 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 second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb and Moss voting "Aye"; Guerrero, McNichols, and Slavik absent. Mayor Rhodes opened the discussion on Items 2 and 3 relating to continuous street lighting and landscape architectural design services for Saratoga Boulevard and Agnes Street. Council Member Martin commended the staff for obtaining the best price for the lighting on Saratoga Boulevard. Mr. Martin further inquired about the coordination between the landscape irrigation contract and the lighting contract, and the request for outside City landscape specialization for the median on Saratoga Boulevard. Mr. Malcolm Matthews, Director of Park and Recreation, explained that staff wanted the landscape architect to be aware of the placement of the electrical layout so that he could design the landscaping in accordance with these placements and avoid change orders. Mr. Matthews also explained that staff felt expertise in xeriscaping and low maintenance landscaping would Minutes Regular Council Meeting October 13, 1992 Page 4 be beneficial to the City, and would help alleviate backlogged in-house work in the capital improvements programs. Mr. Martin stated that it was his understanding that the Community Development Block Grant projects would not delay the capital improvements implementation. City Manager Garza stated that staff had the expertise to perform the landscape design, if the Council felt it was necessary. Next, Council Member Martin stated that the distributed material did not clearly define the architect's instruction for the landscaping, and Mr. Matthews stated that xeriscaping, water conservation, hardscape, and low maintenance would be implemented. Mr. Martin expressed concern about landscape irrigation on Saratoga Boulevard and made suggestions which would allow for water conservation. Responding to Mayor Rhodes' inquiry, Mr. Matthews stated that Mr. Robert Gignac and the xeriscape coalition team would be contacted to provide guidance on the landscaping. City Manager Garza stated that the landscaping plans would be returned to the Council before releasing construction bids. Council Member Moss stated that, if city staff did the design phase, the money saved could be used for improvements in other critical areas of the City, such as streets. Mayor Rhodes opened the discussion on Items 4a, 4b, 4c, and 4d regarding the U.S.S. Lexington Museum. Responding to Council Member McComb's inquiry, City Manager Garza explained that the ramp design was performed first, to expedite the opening of the U.S.S. Lexington. Mr. Garza further stated that the carrier settled in its permanent berth more than anticipated and required the ramp redesign. Mr. Garza also commented that, since the project expenses were more than the project budget, expenditures were changed to fit within the budget. Mr. Robert Earley, Executive Director of the U.S.S. Lexington on the Bay, explained that the $62,566 figure was for the new elevation of the pier, and the $26,500 figure was for concrete improvements at the entry plaza, a welcoming sign, and security fencing around the base of the pier. Mr. Earley further stated that, if the ramp design had not been performed first, the Lexington opening would have been delayed considerably. Mr. Earley next stated that the expected revenues from the Lexington during this year's winter months would compensate for the extra monies required for the redesign. Mayor Rhodes requested City Manager Garza to clarify the monies expended for the redesign, and stated that the change orders involved verification of existing project monies and did not involve additional outside project money. Mr. Garza affirmed that no additional outside project money was required and explained the qualifications for using Certificates of Obligation funds as opposed to public or fund raising event funds. Minutes Regular Council Meeting October 13, 1992 Page 5 Responding to inquires from Council Members Martin and Longoria, Mr. Earley discussed the present equipment testing on the Lexington associated with its opening. Council Member Galindo inquired about the use of the interest earned on the bond money. Mr. Garza explained that the City normally uses the interest to adjust the construction budget. Mr. Garza further stated that, in this instance, the money would be returned to the project to offset inflation costs on the project money. Additionally, Mr. Earley stated that the Lexington Association and the Corpus Christi Tourist and Convention Bureau agreed to pay the debt service and principal on the bond money. Responding to Council Member Moss' inquiry, Mr. Earley explained that private parties had been recently held on the Lexington to fulfill prior commitments. Next, Mr. Moss inquired about the total project cost, and Mr. Garza explained the total cost. Mr. R. F. Hasker, 313 Wallace, expressed concern about the water usage at the U.S.S. Lexington and the condition of the carrier's steel frame. Mr. Garza explained that the U.S.S. Lexington would pay for the water used, and that the water meters were removed to facilitate a faster flow of water to fill the fuel tanks. Mr. Garza further stated that the water meters would be installed for further water usage. Mr. Earley explained that the water presently being used was for construction and sanitation purposes only. Mr. Harold Hoppenrath, 338 Clifford, expressed concern about the water usage payment on the U.S.S. Lexington. Council Member Guerrero arrived at the Council Meeting at 2:40 p.m. Mayor Rhodes opened discussion on Items 6a, 6b, 6c, 6d, and 6e which relate to drainage improvements at Saratoga/Staples Plaza. Mayor Rhodes referred to Item 6e, and read an amendment to the Ordinance in Section 1 as follows: "and the State of Texas constructing the box culvert drainage as part of the State Highway 357 improvements from Staples to Padre Island Drive (i.e. Saratoga - Rodd Field) as contemplated in the Drainage Development Agreement between the City of Corpus Christi and Spohn Hospital submitted to the City Council for authorization on October 13, 1992." City Attorney Bray stated that this language was added to the Ordinance to clarify that the easement would not be closed unless the Texas Department of Highways and Public Transportation constructed the Saratoga/South Padre Island Drive improvements. Mayor Rhodes moved to amend the ordinance to include the language, seconded by Council Member McComb. Mayor Rhodes called for a voice vote on the motion, and the motion passed by those present and voting. Responding to Council Member Galindo's inquiry, Mr. Carl Crull, Director of Engineering, explained the cost estimate from the Texas Department of Highways and Public Transportation's contractor regarding the box culvert construction. Minutes Regular Council Meeting October 13, 1992 Page 6 Council Member Martin requested information on other similar private projects in which the City participated in the costs of the box culverts, and inquired whether drainage ditches were the responsibility of the individual developers. Mr. Crull explained other locations in the City which had box culverts, and explained Spohn Hospital's offer to the City to enclose the drainage ditch. Mr. Crull further stated that closure of this ditch was not a platting requirement. Council Member Martin commented on the costs of covering drainage ditches in the City, and stated that box culverts were beneficial to the developer by providing additional land and lowering maintenance costs. Mr. Martin further stated that he did not oppose the City's fifty percent participation cost in this project, but did oppose that the option would not be available to other developers. Responding to further inquiries from Council Member Martin, City Manager Garza stated that the City's participation funds for the box culvert were available from the Saratoga Boulevard projects funds within the Street Bond Fund. Mr. Garza also explained that Spohn Hospital's request for the City's fifty percent participation was presented to the Council as an option and discussed other options available to the Council. He stated that the Council could elect to accept the fifty-fifty percent cost split, or require one hundred percent private participation and designate the proposed fifty percent participation funds to another project. Council Member Martin suggested that the City develop a policy in which the private developer and the City participate in the costs of covering ditches for new development in the City. Responding to Council Member Moss' inquiries, Mr. Crull explained that the Texas Department of Highways and Public Transportation would authorize the field change order to the Saratoga Boulevard Improvements contract when the City's funds were deposited in the escrow fund. Mr. Crull next explained that the additional pipe under Saratoga Boulevard would be necessary in any event. Council Member Guerrero expressed concern about the Airport drainage ditch located in the northwest area, and Mr. Crull stated that the Airport drainage ditch was under consideration for a future bond program. Responding to an inquiry from Mayor Rhodes', Mr. Garza stated that the fifty percent participation money for the Saratoga Boulevard box culvert could be used for improvements to the Airport ditch, but would not be enough to improve the entire Airport drainage ditch. Mr. Guerrero stated that this money would enable the City to improve certain portions of the Airport drainage ditch or could clean the ditch for a long period of time. A discussion developed about the City's mowing procedures, and City Manager Garza stated he would investigate the City's mowing procedures and correct any discrepancies. Minutes Regular Council Meeting October 13, 1992 Page 7 Council Member McComb inquired if a motion were needed to instruct the staff to develop a policy allowing matching City funds to be used for box culverts in new private development. City Manager Garza stated that he would develop a policy recommendation and present it to the Council. Responding to Council Member McComb's further inquires, Mr. Crull explained the specific drainage ditch locations involved in the items before the Council. Council Member Moss inquired whether City Manager Garza could provide alternative uses for the money, and expressed concern that City bond money might be used to develop a policy to cover ditches categorically. Mr. Moss further stated that some projects in the City were critical, such as the Airport drainage ditch and certain street improvements. Mr. Moss further stated that this particular project would be for the benefit of the adjacent property owners and suggested that the costs should be their responsibility. Responding to Council Member Moss' comments, Mr. Garza stated that he would bring back a policy recommendation to the City Council on developer participation on covering drainage ditches, and would investigate alternative ways of maintaining existing drainage ditches. Assistant City Secretary Koenning polled the Council for their votes as follows: 2. M92-268 Motion authorizing the City Manager to execute an agreement with Central Power & Light Company to install continuous street lighting improvements along Saratoga Boulevard between Ayers Street and So. Staples Street at a cost of $174,600. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, and Moss voting "Aye"; McNichols and Slavik absent. 3. M92-269 Motion authorizing the City Manager or his designee to execute an agreement with Gignac & Associates to provide landscape architectural design services for the Saratoga Boulevard and Agnes Street Landscape Improvements at a cost of $14,450. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, and McComb voting "Aye"; Martin and Moss voting "No"; McNichols and Slavik absent. 4.a. M92-270 Motion approving the status report on contracts authorized by the City for the U.S.S. Lexington Museum. Minutes Regular Council Meeting October 13, 1992 Page 8 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, and Moss voting "Aye"; McNichols and Slavik absent. 4.b. M92-271 Motion approving Change Order No. 3 in the amount of $19,000 to the contract with Bay, Inc. for additional work required during water ballasting of the U.S.S. Lexington. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, and Moss voting "Aye"; McNichols and Slavik absent. 4.c. M92-272 Motion approving Change Orders No. 4 and 5 in the respective amounts of $62,566 and $26,500 to the contract with W.T. Young Construction Co. for work required to raise the pier elevation to the level of the Lexington's entrance and construction of entry plaza improvements. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, and Moss voting "Aye"; McNichols and Slavik absent. 4.d. M92-273 Motion approving funding of fire detection/alarm improvements and authorizing related reimbursements to the Lady Lex Museum on the Bay Association not to exceed the uncommitted balance of public funds. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, and Moss voting "Aye"; McNichols and Slavik absent. 6.a. FAILED TO PASS Motion approving a drainage improvement participation agreement with Spohn Hospital whereby Spohn would participate in one half the cost of the box culvert adjacent to their property up to $275,000. The foregoing motion failed to pass by the following vote: Rhodes, Martin, and McComb, voting "Aye"; Galindo, Guerrero, Longoria, and Moss voting "No"; McNichols and Slavik absent. 6.b. M92-275 Motion approving a drainage improvement agreement with Driscoll Foundation whereby Driscoll will pay $8,078.40 as the cost of an additional pipe under Saratoga Boulevard. Minutes Regular Council Meeting October 13, 1992 Page 9 The foregoing motion passed by the following vote: Rhodes, Martin, McComb, and Moss, voting "Aye"; Galindo, Guerrero, and Longoria voting "No"; McNichols and Slavik absent. 6.c. FAILED TO PASS Motion authorizing the City's share of the box culvert construction estimated at $267,600.29 from the Street Bond Fund. The foregoing motion failed to pass by the following vote: Rhodes, Martin, and McComb voting "Aye"; Galindo, Guerrero, Longoria, and Moss voting "No"; McNichols and Slavik absent. 6.d. FAILED TO PASS Motion increasing the amount escrowed to the Texas Department of Transportation by $543,278.98. The foregoing motion failed to pass by the following vote: Rhodes, Martin, and McComb voting "Aye"; Galindo, Guerrero, Longoria, and Moss voting "No"; McNichols and Slavik absent. 6.e. FAILED TO PASS AS AMENDED Ordinance closing and abandoning a 10 -foot wide by 1,262.96 -foot long utility easement between Lot 1 and 2, Block 1, Saratoga Staples Plaza subdivision. Also closing and abandoning 45 feet wide by approximately 1,261.29 -feet long of an existing 90 -foot drainage easement in Lot 2, Block 1, Saratoga Staples Plaza subdivision, subject to the applicant meeting the specified requirements and replatting the property within 180 days. An emergency was declared and the foregoing ordinance failed to pass as amended by the following vote: Rhodes, Martin, and McComb voting "Aye; Galindo, Guerrero, Longoria, and Moss voting "No"; McNichols and Slavik absent. Mayor Rhodes called for consideration from the Regular Agenda. 11.a. A presentation on Stormwater followed. Mr. Bill Hennings, Director of Public Works/Utilities, gave a presentation on the City's Stormwater Program. Mr. Hennings reviewed the consultant's stormwater permit application and wet weather monitoring program and laboratory services. Next, Mr. Hennings discussed the wet weather monitoring stations, and the City's Stormwater Permitting Groups and their various functions. Mr. Hennings also reviewed the Calendar Minutes Regular Council Meeting October 13, 1992 Page 10 for the Stormwater Project included in the distributed Agenda packet and pointed out significant dates. Mr. Hennings next discussed a study which examined the cost of implementing best management practices and discussed preventative measures which could be implemented by the City to reduce pollution in the stormwater outflow. Responding to Mayor Rhodes' inquiry, Mr. Hennings discussed the benefits of the analytical water contract and the proposed Resolution. Mr. Hennings next pointed out important sections of the laboratory services contract, and discussed the steps the City had taken to implement such laboratory services. Mr. Hennings next responded to Council Member Galindo's questions regarding the proposed rainfall events and the laboratory equipment bid solicitation. Next, Council Member Martin requested the total expenditure amounts paid to the Austin Laboratory for services so that the Council would be able to make a comparison to the cost of purchasing the laboratory equipment for the City. Mr. Martin also suggested that in the event the City did purchase the additional laboratory equipment, the City could possibly market services to other applicable cities in close proximity. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 11.b. RESOLUTION NO. 021499 Resolution objecting to the stormwater program required by Congress, and urging Congress to reconsider. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, and Moss voting "Aye"; McNichols and Slavik absent. 11.c. M92-276 Motion authorizing the City Manager to enter into a contract with Gulf Coast Testing Laboratory, not to exceed $75,000, for certain analytical testing of water produced by storm events, including all of the testing services and services necessary to maintain the integrity of the testing process required by the Environmental Protection Agency for the City's National Pollutant Discharge Elimination System Part 2 permit application. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, and Moss voting "Aye"; Galindo voting "No"; McNichols and Slavik absent. Minutes Regular Council Meeting October 13, 1992 Page 11 Mayor Rhodes opened the discussion on Item 12a, 12b, and 12c, relating to boat repair facilities at the Marina. Mr. Malcolm Matthews, Director of Park and Recreation, reviewed the history of the boat repair facility, and explained the current contract and the assignment and amendment of the Marina Boat Repair Facility Lease. Mr. Matthews stated that the Watershore Advisory Committee supported the short-term lease and assignment. Council Member Guerrero inquired if Texas Sailing Academy (TSA) were the only interested parties, and Mr. Matthews discussed the related advertising by Marine & Industrial Supply, Inc. (MIS). Next, Council Member Guerrero expressed concern that other parties would not able to bid on the lease. Mr. Jim Schwobel, owner of the Corpus Christi International School of Sailing, reviewed the services provided to the City by his company and his company's participation in Citywide operations. Mr. Schwobel next compared the current lease with the proposed lease, and requested the City to allow his company the opportunity to seek this lease. Mr. Schwobel further stated that he felt that the Watershore Advisory Committee supported the lease because of the importance of retaining the use of the travel lift provided by the facility. Responding to Mayor Rhodes' inquiry, Mr. Matthews reviewed the circumstances involved in the lease, and stated that the equipment purchase was contingent upon obtaining the lease. Council Member Martin stated that he felt that this proposed lease was a new lease with new terms and the City should seek other parties interested in leasing the facility. Mayor Rhodes inquired whether or not the City could allow the termination and rebidding of the present lease, and Mr. Matthews commented that use of the travel lift would not be available if the facility were temporarily closed. Council Member Guerrero inquired if the present lease contained a provision prohibiting the sale or transfer of goods without City approval, and Mr. Matthews answered negatively. Mr. Guerrero further inquired if the lease contained a continuous operations clause, and Mr. Matthews stated that it did, and commented that the present lease ended in 1997. Council Member Galindo commented that the existing lease could be sold, but closing the facility would be a violation of the contract. Mr. Greg Renfro, representative of MIS, discussed the possible sale of the equipment and the proposed lease assignment. Responding to Mayor Rhodes' inquiry, Mr. Hennings explained that by approving 12a, the City Council would be approving the assignment of the present lease to TSA, and approving 12b and 12c would be approving an amendment to the lease. Minutes Regular Council Meeting October 13, 1992 Page 12 Responding to Council Members' concerns, City Attorney Bray stated that the present lessee's right to assign the lease to another party required the City's consent. Mr. Bray further explained that the City Charter required that this right not be unreasonably withheld. Mr. Bray also stated that an alternative way of proceeding would have been to approve the amendments to the new lease prior to approving a lease assignment. Mr. Bray next stated that the City was not required by state law to bid leases and the City had the right to make sure the assignee would be a stable leaseholder. Mayor Rhodes inquired whether or not the financial statement of the proposed assignee had been acceptable, and Mr. Matthews explained concerns regarding the assignee's past financial history. Responding to Council Member Martin's inquiry, City Attorney Bray stated that the Charter required lease assignments to be passed by an ordinance of three readings or on an emergency basis with one reading. Mr. Matthews explained that the City was informed at the first of the year that the facility was up for sale, and negotiations between the City and the present lessee began approximately in June of 1992. Mr. Matthews stated that staff was concerned about the removal of the travel lift during the hurricane season and the facility closing temporarily. Council Member Martin inquired if removing the travel lift would be a violation of the lease, and Mr. Matthews stated in the affirmative. Council Member McComb stated that he supported the staffs recommendations. Next, Mayor Rhodes stated that she felt it would be proper for the lessee to sublease his lease to a new party until the lease terminated in 1997, but that it would be improper for the new party to receive a lease with different terms. Council Member Guerrero stated that he felt the present items were improper. Further discussion concerning the legality of the lease assignment and amendments ensued, and City Manager Garza explained that the City was aware of the financial difficulties encountered at the facility. He stated further that the present lessee decided to attempt to sell the business rather than renegotiate the lease terms with the City. He further stated that since the lease could be renegotiated with the current lessee, it was assumed that the lease could be renegotiated with the assignee. Mr. Garza further stated that the business was on the market a considerable length of time to allow interested parties time to respond. Then, Mr. Garza suggested withdrawing this item from consideration until further investigation into the issue could be performed. A discussion developed regarding withdrawing the items and it was determined that the issue would be voted on at the day's meeting. Assistant City Secretary Koenning polled the Council for their votes as follows: Minutes Regular Council Meeting October 13, 1992 Page 13 12.a. ORDINANCE NO. 021500 Ordinance authorizing the City Manager to assign a lease for a boat repair facility authorized by the City Council on March 3, 1982 by Ordinance No. 16906 and amended by Ordinance No. 20833 on November 21, 1989, to Texas Sailing Academy. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, McComb, and Moss voting "Aye"; Guerrero, Martin voting "No"; McNichols and Slavik absent. 12.b. FAILED TO PASS Ordinance authorizing the City Manager to execute a short term lease not to exceed six months with Texas Sailing Academy for the boat repair facility; approving the rental fee of $1,400 per month plus two percent (2%) of all gross revenues temporarily suspending the current lease. An emergency was declared and the foregoing ordinance failed by the following vote: McComb, and Moss, voting "Aye;" Rhodes, Galindo, Guerrero, Longoria, Martin voting "No"; McNichols and Slavik absent. 12.c. FAILED TO PASS Authorizing the City Manager to execute an amendment of lease authorized by City Council on March 3, 1982, by Ordinance No. 16906 and amended by Ordinance No. 20833 on November 21, 1989, to Texas Sailing Academy. The foregoing ordinance failed on first reading by the following vote: McComb and Moss voting "Aye"; Rhodes, Galindo, Guerrero, Longoria, Martin voting "No"; McNichols and Slavik absent. Mayor Rhodes discussed the options available to the lessee in the future. • R t a 5 i t i• 1 i i Mayor Rhodes called for the City Manager's report. City Manager Garza announced that the Lady Lex would open at 9:00 a.m. on October 14, 1992. Mayor Rhodes referred to a one day conference on October 16, 1992, entitled, "Corporate Challenges of the 90's -Business and the Maturing Population," sponsored by the Mayor's Council on Senior Citizens Affairs Task Force and other local organizations. She stated that interested parties could contact Cecilia Martinez, Director of Senior Community Services, at 880-3150 or the Mayor's office for more information. Mayor Rhodes called for Council concerns and reports. Minutes Regular Council Meeting October 13, 1992 Page 14 Council Member Martin referred to the recently distributed material regarding the Construction Codes, and expressed concern that the codes were not updated on a regular basis. Mr. Martin requested further information regarding updating the codes. Next, Council Member Martin inquired about vacant City positions listed in the City's Employment and Promotional Opportunities Bulletin, and Mr. Garza explained the vacancies. Responding further to Mr. Martin's inquiry, Mr. Garza stated that the requested information on the final packet for the recent golf course items would be delivered to the Council in their Friday packets this week. Responding to an inquiry from Council Member Guerrero regarding Item 12a on the days agenda, City Attorney Bray stated that the Council approved the assignment of the existing lease to Texas Sailing Academy. Mr. Garza stated that if MIS did not sell its present lease to TSA, the existing lease would continue to be with MIS. Council Member McComb referred to a beach access situation at Marina Del Sol on Corpus Christi Beach, and Mr. Garza briefly discussed the circumstances which involved sailboats, swimmers, and a concessionaire in the area. A short discussion ensued, and Mr. Garza stated that he would investigate the matter further. Council Member McComb also expressed concern about the condition of the City's drainage ditches, and stated that the current program was not sufficient to keep the ditches clean and safe. He next suggested that city staff perform an analysis on the City's drainage ditches. Council Member Galindo suggested County involvement, and Mr. Garza stated that staff was currently working on a analytical report which would be presented to the Council as soon as possible. Mayor Rhodes called for petitions from the audience. Mr. Jim Schwobel, owner of the Corpus Christi International School of Sailing, commented that he would appreciate an opportunity to bid on the Marina Boat Repair Facility Lease. Mayor Rhodes stated that Mr. Schwobel would have the opportunity in the event the lease was rebid at a later date. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:40 p.m. on October 13, 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 13, 1992, which were approved by the City Council on October 20, 1992. WITNESSETH MY HAND AND SEAL, this the 9th day of November, 1992. Armando Chapa City Secretary SEAL