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HomeMy WebLinkAboutMinutes City Council - 11/03/1992MIN TES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 3, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Mary Pat Slavik Council Members: Cezar Galindo Leo Guerrero Edward Martin Joe McComb Dr. David McNichols Betty Jean Longoria Clif Moss 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 Bishop Curtis Byrd, Bountiful Blessings United C.O.G.I.C., 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 October 27, 1992, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Ms. Kate McDonald, Special Projects Coordinator for the Corpus Christi National Kidney Foundation, gave a presentation on the National Kidney Foundation's Car Contributions Campaign. She requested formal recognition of the program from the City Council and assistance from the City concerning placement of the campaign's notice flyers. Council Member Slavik moved that the City Council support the Kidney Foundation's Car Contributions Campaign, seconded by Council Member McNichols, and passed unanimously. Mayor Rhodes recognized the Quincentenary Commission and expressed appreciation for their fine accomplishments. Ms. Janet Rice introduced the members present at the day's meeting and identified their contributions to the commission. Minutes Regular Council Meeting November 3, 1992 Page 2 Mayor Rhodes referred to the Board & Committee appointments and the following appointees were made by the Council, Citizens Advisory Health Board Tone Johnson, Jr., M.D. Landmark Commission Pam Lakhani (Regular), Reappointed Govind Nadkarni (Engineer), Reappointed Donald Victory (Regular), Reappointed Joe P. Dove (Regular) Adam Klager (Real Estate) Joe Williams, Advisory Member City Secretary Chapa announced that an architect was not presently available for appointment, and applications would continue to be solicited. Library Board Inez S. Adams, Reappointed Bertie Hoch, Reappointed William White, Reappointed Hildegardo Flores, Reinstated Loretta Jo Shaw, Reinstated Elia Gutierrez JoAnn Carpenter Deirdre Norton, Advisory Member Lilias Hammerick, Advisory Member Mechanical/Plumbing Advisory Board Roberto Olivo (Not conn. bldg. inc.), Reappointed Paul Brunsvold (Commercial Builder) Bob Hurst (Home Builder) Senior Companion Program Advisory Committee Gail Hanson Council Member Martin expressed concern that the number of absences of members requesting reappointment was not available in the distributed material. City Secretary Chapa explained the absentee rules. Council Member Slavik referred to the past resolution passed by the Council allowing committees to excuse absences. Council Member Martin requested that member's absences be provided to the Council in the future. Mayor Rhodes recognized her new secretary, Ms. Evelyn Jordan. Minutes Regular Council Meeting November 3, 1992 Page 3 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, 2, 6, 7, and 8 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M92-298 Motion approving a supply agreement for work uniforms in accordance with Bid Invitation No. BI -0228-92 with B. J's Work Clothes, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $62,378.50. The term of the agreement 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 uniforms will be used by various departments throughout the City. Funds are available in the using departments' FY 1992-93 Operating Budget. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 4. M92-299 Motion authorizing the City Manager or his designee to enter into an agreement with the Corpus Christi Symphony Orchestra to provide concerts at the Bayfront Auditorium, Harbor Lights, twenty-four concerts at Latchkey and recreation center sites and six concerts in Heritage Park for a total of $12,000. Funding is provided in the FY 1992-93 budget. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5. M92-300 Motion authorizing the City Manager or his designee to execute an agreement with the Flour Bluff Independent School District to reimburse the City of Corpus Christi for the services of an additional School Crossing Guard position during the school year 1992-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the discussion on Item 1, motion approving the purchase of ten refurbished radios. Council Member Moss commented on the number of portable Minutes Regular Council Meeting November 3, 1992 Page 4 radios owned by the Police Department, and City Manager Garza explained the department's inventory procedures for the radios. Mayor Rhodes opened the discussion on Item 2, motion approving the purchase of City property insurance through W. L. Dinn and Company. Council Member McNichols expressed appreciation to the staff for the reevaluation of the City's insurance which resulted in a savings to the City. Responding to an inquiry from Council Member McNichols, Mr. Pat Alba, Director of Safety and Risk Management, explained the excess flood insurance coverage contained in the annual insurance renewal. Mr. Wally Goodman, representative of W. L. Dinn and Company, explained insurance coverage associated with different catastrophes. Regarding the excess flood insurance, Council Member McNichols inquired whether or not it would be best for the City to absorb a one time loss over a long period of time instead of paying high premiums each year, and a lengthy discussion followed. Responding to an inquiry from Council Member Martin, Mr. Alba explained the City's basic flood insurance coverage. Mr. Goodman next explained the federal flood program insurance available. Mayor Rhodes opened the discussion on Item 6, motion authorizing execution of an agreement with Nueces County Community Action Agency (NCCAA) to provide $237,000 for the construction of a headstart facility at 120 Nineteenth Street. Council Member McNichols stated that he supports the NCCAA and the new headstart facility, and inquired about the City's policy regarding the acquisition of new facilities for the CDBG programs. He further inquired if an existing empty building located in the City could be utilized for this facility rather than constructing a new one. Mr. Tom Utter, Director of Development Services, explained the State's requirements for day care facilities. He stated that constructing a new facility which complied with the State Child Care Codes was less expensive than renovating an existing building employing these codes. Mr. Utter further explained that the new facility would be located on the Corpus Christi Housing Authority (CCHA) grounds and that an existing empty building in this area was not available. Mr. Utter next explained that the plans and specifications to be used for this project were from a previous project and would, therefore, save the City the costs for designing new plans and specifications. Responding to Council Member Martin's inquiries regarding the lease, Mr. Utter explained the terms of the lease which were being negotiated with NCCAA and CCHA. Minutes. Regular Council Meeting November 3, 1992 Page 5 Council Member Martin requested a copy of the lease, and Mr. Utter stated that he would provide a copy to Mr. Martin. Council Member McComb expressed concern regarding the cost of the facility and asked for the precise amount which would be used for the plans and specifications. Mr. Kelly Elizondo, Director of Community Development, explained this amount. Responding to Council Member Moss' inquiry, Mr. Utter stated that this project was approved in July and funded in August of this year. Council Member McNichols expressed concern regarding the State's strict guidelines employed for day care facilities, and stated that he understands the importance of safety when children are involved, but that more services could be provided if the facilities were not quite so expensive. Mayor Rhodes opened the discussion on Item 7, motion awarding a contract to R. S. Black Civil Engineers & Contracts and Machinery & Materials to install an automatic trash rake at Storm Water "B" Pump Station. Responding to Council Member McNichols' inquiries, Mr. Carl Crull, Director of Engineering, explained the funds and improvements involved in the project. Mayor Rhodes opened the discussion on Item 8, authorizing the execution of a five- year lease to Tejas Bowmen Archery Club for an archery range. There were no questions regarding this item. City Secretary Chapa polled the Council for their votes and the following passed: 1. M92-296 Motion approving the purchase of ten refurbished radios, including extra batteries, battery chargers, and D -rings, from Ericsson GE Mobile Communications, Portland, Texas, for the total amount of $13,355.10. Funds are available from the Law Enforcement Trust Fund. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 2. M92-297 Motion approving the purchase of City property insurance in accordance with Bid Invitation No. BI -0037-93 through W.L. Dinn and Company, Inc. at an estimated annual premium of $222,355.08. These policies include blanket building and contents, with a $250,000 deductible; excess flood insurance, with a $200,000 deductible; and electronic equipment policy, with a $5,000 deductible. The deductible for blanket building and contents will be increased from $100,000 to Minutes Regular Council Meeting November 3, 1992 Page 6 $250,000 with a reduction of $18,476.79 in premiums. Monies for these premiums are available in the City's Self Insurance Fund. The foregoing motion passed by the following vote: Rhodes, Longoria, Martin, McComb, and Slavik voting "Aye"; McNichols, Moss, Galindo, Guerrero voting "No." 6. M92-301 Motion authorizing the City Manager or his designee to execute an agreement with Nueces County Community Action Agency (NCCAA) to provide $237,000 for the construction of a headstart facility at 120 Nineteenth Street. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 7. M92-302 Motion awarding a contract in the amount of $132,800 to R.S. Black Civil Engineers & Contractors and Machinery & Materials, a joint venture, to install an automatic trash rake at Storm Water "B" Pump Station. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 8. FIRST READING ORDINANCE Authorizing the renewal of a five-year lease of approximately forty acres of City property along Allison Drive designated as Tracts "A" and "B", Nueces View Tracts, to Tejas Bowmen Archery Club for an archery range. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Returning to Item 8, a gentleman representing the Tejas Bowmen Archery Club expressed appreciation to the Council for their cooperation and help in perpetuating the sport of archery in the City. Mayor Rhodes called for consideration from the Regular Agenda and opened the discussion on Items 9a through 9f regarding Waldron Road Improvements. Council Member Martin commended the staff for their fine job in this project. Next, City Manager Garza explained new procedures implemented in this project which allows for public awareness of the project's proceedings. Minutes Regular Council Meeting November 3, 1992 Page 7 Responding to Council Member Moss' inquiries, Mr. Garza explained the difficulties encountered in this project involving pipeline locations, land acquisition, and new regulations. City Secretary Chapa polled the Council for their votes and the following passed: 9.a. ORDINANCE NO. 021509 Ordinance determining the necessity for and ordering the improvement of Waldron Road from Purdue Road to South Padre Island Drive, as part of the Waldron Road Improvements; requiring the Director of Engineering Services to prepare and file plans and specifications; requiring the City Secretary to file notice in the Office of the County Clerk, Nueces County, Texas, as to the action herein; providing how such improvements shall be paid. 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? 9.b. ORDINANCE NO. 021510 Ordinance approving the written statement of the City Engineer of various costs for the improvement of the following street: Waldron Road Improvements, Purdue Road to South Padre Island Drive, determining the portion of said costs to be assessed against abutting property and the portion to be paid by the City; setting a public hearing on the preliminary assessment roll during the regular 2:00 p.m. meeting of the City Council on December 8, 1992, in the Council Chambers, City Hall, 1201 Leopard Street, Corpus Christi, Texas. 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." 9.c. M92-293 Motion authorizing acquisition of parcel A -3a for $17,535 and parcel A -3b for $10,668, both required for the Waldron Road drainage outfall north of Graham Road between Waldron Road and the Laguna Madre. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9.d. M92-294 Motion authorizing agreements with Exxon Corporation ($57,500), Headington Oil Company ($72,910), and Petrotex Engineering Company ($65,000) providing for pipeline adjustments. Minutes Regular Council Meeting November 3, 1992 Page 8 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9.e. M92-295 Motion authorizing an agreement with Central Power & Light Company for $14,130 providing for the relocation of two transmission structures. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9.f. RESOLUTION NO. 021511 Resolution authorizing Amendment No. 1 to the Engineering Services Contract with the original joint venture of Munroe and Bass, Inc., Associated Engineers and Surveyors, and Welsh Engineering providing for redesign services of off-site Channel "A" for a fee of $28,000, and for construction phase services for a fee of $165,940. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Returning to Items 9a -9f, Council Member Galindo inquired whether or not long term planning for pipelines would eliminate future relocation of these lines, and City Manager Garza explained the new steps taken by the City to reduce line relocations in the future. Council Member McNichols commended City staff for the good work performed in association with the Waldron Road project, and discussed future flooding problems in the area. Mayor Rhodes opened the discussion on the winter averaging of wastewater rates. A brief discussion developed regarding the presentation at the day's meeting on Winter Averaging Wastewater Rates, and it was determined that this presentation would be beneficial in educating the public and answering Council Member's concerns. Mr. Bill Hennings, Director of Public Works/Utilities, explained that winter averaging would only affect the wastewater portion of the City's utility bills concerning one - family residences. He next explained the relationship between water and wastewater usage. Mr. Hennings further explained the five steps involved in determining a monthly Wastewater bill. He stated that these steps included determining water consumed during the three winter months; calculating a daily usage; calculating an adjusted winter usage; calculating a three month winter average; and determining a monthly charge for the year. Responding to an inquiry from Council Member Martin, Mr. Hennings further explained the dates involved in obtaining information for winter averaging and dates in Minutes Regular Council Meeting November 3, 1992 Page 9 which a change would be effectuated on a consumer's bill. Responding further, Mr. Hennings stated that a consumer's average would be based upon daily use. A discussion developed, and Council Member Martin expressed concern about initially obtaining appropriate winter averaging figures which would be used in the future. Council Member McNichols discussed the importance of creating proper wastewater rates which would allow for the cost of providing wastewater services, the cost of maintaining the City's infrastructure, and the costs of additional future treatment plants. City Manager Garza stated that the financial stability of the wastewater structure would be improved through winter averaging because seasonal fluctuation would be eliminated. Mr. Garza also discussed acquiring proper wastewater rates during the first year and the implementation of rate increases which would be determined by Council and staff. Mr. Garza next suggested that, in order to minimize wastewater price adjustments, the water price adjustment be coordinated with potential price adjustments during the budget process each year. Responding to an inquiry from Dr. McNichols, Mr. Wayne Cockroft, Wastewater Superintendent, stated that sixty percent of the City's wastewater revenue was from residential consumers. Council Member McNichols next stated that the revenue from the recent four percent increase would cover immediate capital improvement projects and would not cover long term capital improvement projects in the City. Responding to an inquiry from Council Member Slavik, Mr. Garza discussed the rate cap in the Charter and its relationship to winter averaging. Further, Mr. Hennings responded to Mrs. Slavik that one -family residences out of the City limits would also be affected. Mr. Hennings next stated that, after the first year, wastewater revenue would be neutral and stable. He next stated that the two factors which could change the revenue would be a rate increase or a growth in population. Mr. Hennings next reviewed ways consumers could take advantage of wastewater winter averaging through water conservation. He also discussed the information on the postcards which would be mailed to each residence announcing their wastewater winter averaging period. Through the use of charts, Mr. Hennings gave several examples of possible changes in residence's wastewater rates. A discussion developed and it was determined that seventy percent of the area's wastewater consumers would realize little or no increase, and the remaining would realize an increase. Next, Mr. Hennings presented a geographical map reflecting changes in Minutes Regular Council Meeting November 3, 1992 Page 10 wastewater rates, and it was determined that the rate change would be based upon individual usage. Responding to an inquiry from Council Member Moss, Mr. Hennings discussed the present dollar value of the 21,000 gallon cap. Next, Mr. Hennings discussed efforts of the City's utility business office to assist in educating the public about winter averaging. Responding to Council Member Moss' inquiry, Mr. Hennings discussed the implementation of winter averaging in San Antonio and stated that a greater consumer response was anticipated in Corpus Christi. Mr. Hennings next discussed the two proposed amendments to the ordinance passed in July regarding wastewater winter averaging. He explained that the first amendment adds language to reflect that the winter average rates would be effective "for service received" beginning June 1, and customer's bills would not reflect the winter average charges until July. Mr. Hennings further explained that the second amendment clarifies the procedures used to calculate "base revenues" which are in turn used to determine winter average rates. A discussion followed regarding the calculation of the base revenues for winter averaging, and Council Member Martin expressed concern that this type of calculation would have an effect of two rate increases in the same fiscal year. City Attorney Bray stated that winter averaging was an attempt to make a neutral adjustment to the wastewater revenues and not a rate increase. Additionally, Mr. Hennings stated that this was an attempt to try to continue the present revenue stream. City Secretary Chapa polled the Council for their votes and the following passed: 10.b. FIRST READING ORDINANCE Amending Section 55-100 of the Code of Ordinances to clarify when wastewater billings under winter averaging would be effective and to specify the method for calculating base revenues. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Council Member Martin stated that the staff did a good job on the presentation material regarding winter averaging. City Manager Garza further addressed the City's efforts to educate the public on winter averaging. Mayor Rhodes called for the City Manager's report. City Manager Garza stated that Council Member McComb, Chairman of the Work Force Development Corporation, would address the Council on behalf of the corporation. Minutes Regular Council Meeting November 3, 1992 Page 11 Council Member McComb stated that the corporation would soon be in need of a permanent office and was looking at several locations in the City. He next discussed the possibility of utilizing the Police Building and the possibility of funding the renovation through the City. He also stated that the corporation had the ability to pay these funds back in the future. He asked for Council concurrence to proceed with investigating the possible use of this facility. Council Members Longoria and Slavik commented on other parties interested in the Police Building. Responding to an inquiry from Council Member McNichols, Mr. McComb discussed the present and future budget of the corporation. A discussion developed and it was the consensus of the Council that the City Manager and Mr. McComb should investigate the feasibility of utilizing the facility and funding for its renovation. Mayor Rhodes called for Council concerns and reports. Council Member Slavik requested an updated report on the progress of the City's Solid Waste Enforcement Officer hired this year. Also, Mrs. Slavik discussed complaints she received regarding the efficiency of City street, water, and park crews. City Manager Garza stated that City employees worked hard and discussed situations which could be misinterpreted by the public. Council Member Galindo commented on the recently distributed memorandum regarding the Churchill property. Next, Mr. Galindo commented on a recent incident he witnessed at the Mall involving a small child locked inside a motor vehicle with the motor running. He stated that a Police Officer was present and expressed concern that the Officer did not attempt to open the door. Mr. Galindo also expressed concern that Police Officers were not allowed to use Slim Jims which provided quick access to locked vehicles, and suggested the use of a consent form for such incidents. Police Chief Henry Garrett stated that Police Officers were not allowed to carry Slim Jims and discussed possible liability to the City through their use. Mr. Garrett further stated that in this particular incident the Police Officer did not feel the child was in danger and waited at the car for the responsible party to return. Mr. Garrett also stated that Police Officers were trained to protect children from danger, and if the child had been in danger, the Police Officer would have taken more extreme measures. Council Member Moss referred to Item 4 of the days agenda, motion authorizing an agreement with the Corpus Christi Symphony Orchestra, and commented that the City had provided the same amount of $12,000 to the organization for the past eighteen years. He suggested that possibly the amount could be increased to reflect the cost of living increases. Council Member McNichols inquired about the Texas Coastal Management Plan, and Mr. Utter discussed recent meetings among the City, Commissioner Karter, and the Coastal Minutes Regular Council Meeting November 3, 1992 Page 12 Management Task Force. Mr. Utter further stated that this issue would be addressed at the next Council meeting. Next, Council Member McNichols referred to the recent lighting installation at the Old Courthouse Building, and inquired who was paying for the electricity. City Manager Garza that the expense of the lighting installation was paid for by volunteers and that the City would be responsible for payment of the electricity. Dr. McNichols requested information regarding the cost of the electricity. Responding to an inquiry from Council Member McComb, City Manager Garza stated that the Emergency Medical Services (EMS) Director recently resigned. Mr. Garza further stated that he failed to notify the Council of this resignation because this position was not a departmental head position. Mr. McComb stated that, as Chairman of the EMS Committee, he would reactivate the EMS Committee to reevaluate the EMS system. A brief discussion ensued regarding the EMS Director's resignation, and it was determined that the quality of the ambulance service in the City would not be affected due to this resignation. Mayor Rhodes called for petitions from the audience. Mr. Robert Ziegler, Trinity Towers, referred to a recent political rally near his residence which caused a noise annoyance in the area. Mr. Ziegler requested that a sound limitation be placed on annoying noises in the City. A discussion developed and it was determined that the Police Department and several Council Members had been contacted during the rally because of the Loud noise. City Manager Garza stated that he and the Police Chief both investigated the scene, and would further investigate the permitting by the Police Department of rallies in the City in the future. Council Member Slavik referred to the present ordinance controlling noises in the City. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:25 p.m. on November 3, 1992. s r a•••+ r x r. s x 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 November 3, 1992, which were approved by the City Council on November 10, 1992. WITNESSETH MY HAND AND SEAL, this the 1st day of December, 1992. a, Armando Chapa City Secretary SEAL