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