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HomeMy WebLinkAboutMinutes City Council - 11/17/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 17, 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 Reverend Edward B. Seeger, Executive Director of Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McNichols. 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 November 10, 1992, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes read a proclamation designating the month of November, 1992, as "National Adoption Month." Mr. Ken Butler and Ms. Alma Gomez, Regional Adoption Specialists with the Texas Department of Protective and Regulatory Services, accepted the proclamation. Mr. Butler expressed appreciation and gave a brief presentation on past and current adoption statistics in the City. Mayor Rhodes stated that interested persons could contact her office for information. Minutes Regular Council Meeting November 17, 1992 Page 2 City Manager Garza briefly commented on the recent gas explosion on the northside of the City, and Police Chief Henry Garrett and Fire Chief J. J. Adame discussed details of the fire and evacuation procedures. Responding to questions posed from several Council Members, Mr. Adame stated that Valero Refining Company was holding a press conference on the recent explosion, and the Texas Railroad Commission would formulate a report on the Path Lane explosion. Council Member Longoria expressed appreciation to the City's Police and Fire Department and several individuals from Our Lady of the Rosary Church. Mrs. Longoria next inquired about evacuation procedures which Police Chief Garrett addressed. Further, Mrs. Longoria commented on a scheduled meeting regarding such incidents which was to take place later in the week. She stated that attendees were to include several local industrial and railroad representatives, Senator Carlos Truan, and Police Chief Henry Garrett. Council Member Martin briefly commented on the scheduled Valero Company press conference scheduled regarding the recent explosion. Mr. Martin next inquired about permit requirements for excavation in public right-of-ways, and City Manager Garza stated that he would investigate the matter and provide information to the Council. A gentleman from the audience inquired about the gas main shut-off valve at the recent explosion site, and City Manager Garza explained the mechanics exercised and the effects of shutting the valve off. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 7, and Council Members requested that Item 2 be withheld for discussion. City Manager Garza commented that Items 3 and 6 were withdrawn from consideration. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M92-309 Motion approving the purchase of thirty-six light bars, sirens and speakers in accordance with Bid Invitation BI -0020-93 from Teeco Safety, Inc., Shreveport, LA, for the total amount of $37,206.00, based on low bid. These items are budgeted by the Police Department. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. 3. WITHDRAWN Resolution authorizing the City Manager or his designee to execute a contractual agreement with the Texas Department of Transportation for the installation, Minutes Regular Council Meeting November 17, 1992 Page 3 of Corpus Christi. 4. ORDINANCE NO. 021517 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with Koch Refining Company for the right to install and maintain a 24 -inch diameter polyethylene water line across the street right-of-way of Allison Drive out of Tract "B" of the Nueces View Tracts, Castle Valley Drive in the Castle River Unit 2 Subdivision, Sessions Road adjacent to the F.W. Shaeffer Tract, Harney Road adjacent to C.C. Hart Subdivision, River Lane in the Rio Vista Subdivision, Cynthia Drive in the Hilltop Village Subdivision, and a drainage ditch adjacent to the Hart Partition Subdivision, and establishing a fee of $3,290.00. Also authorizing crossing City of Corpus Christi property along the Allison Plant out of Tract "B" of the Nueces View Tracts, across a city park in Castle River Unit 2, across the Spillway Tract "B" conveyed to the City by A.B. Ault, et ux, and across a 46.59 acre tract conveyed to the City by J.W. Dryden. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. 5. ORDINANCE NO. 021518 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with Spohn Hospital for the right to install and maintain an aerial data communication cable in the right-of-way of Ayers Street, extending west across Third and Santa Fe Streets and along Booty, crossing Ayers and Booty, and establishing a fee of $1,716.00. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. 6. WITHDRAWN Authorizing the City Manager or his designee to execute an Outside City Limits (OCL) water service contract and an agricultural water use covenant with Dan W. Hill on 10 acres of land out of Section A, Laurcles Farm Tract. 7. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute a fifteen -year lease (license) with the U.S. Department of Commerce to install an Automated Surface Observing System (ASOS) at Corpus Christi International Airport. Minutes Regular Council Meeting November 17, 1992 Page 4 The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Pursuant to Item 2, motion authorizing a contract with Dailey -Wells for maintenance of the City's 800 mhz radio system, Council Member Galindo inquired about the proposed one month contract. City Manager Garza explained that the warranty on the radio system would expire December 16, 1992, and the one month contract would provide time to bid for a yearly contract. * Council Member Guerrero arrived at the Council Meeting at 2:30 p.m. Responding to Council Member Slavik's questions, City Manager Garza discussed the proposed yearly contract period and privatization of the radio's maintenance services. Council Member McNichols inquired about the status of the recently purchased turnkey radio system, and Police Chief Garrett explained that the new equipment would be received and activated in December of this year. Council Member McComb expressed concern about the high cost of maintenance for the radio system, and Mr. John Bacon, Director of Information Services, explained the type of electronic equipment covered by the maintenance contract and the importance of maintaining an agreement which provides preventative measures against down-time. Mr. Bacon also discussed recent problems encountered with the radio system and stated that City staff felt the proposed fee for the maintenance service agreement was a reasonable fee. Council Member Martin stated that the maintenance agreement was six percent of the purchase price and was a reasonable fee. Next, Mr. Martin inquired if, due to the circumstances, General Electric would be willing to extend the warranty period, and City Manager Garza stated that he would investigate the possibility. Council Member Martin next inquired about the amount of money in the budget for the radio service agreement. City Manager Garza discussed the budgeted funds for this item, and stated that possibly, through the bidding process, a lower fee could be acquired. In response to Council Member McComb's inquiries, Council Member McNichols stated that it was his understanding that the new components were not presently in place, but would be soon, and that these new components would correct the problems encountered in the old system. City Manager Garza discussed the problems with the microwave system and stated that, when the unit is properly maintained, problems would be minimal. Council Member McNichols agreed with Mr. Martin's earlier comments that the price was not unreasonable, and stressed the importance of possessing expertise to keep the system functioning properly. Minutes Regular Council Meeting November 17, 1992 Page 5 Council Member Slavik inquired if the City would be able to maintain the system in- house after the two year maintenance agreement expired, and City Manager Garza stated that, if the City hired in-house experts, maintenance could be provided by the City. Mr. Garza further stated that the initial term of the proposed contract would be two years with options to extend for an additional one year. He stated that this would provide ample time to determine if the City was satisfied with the present maintenance service and would also allow for adequate competition in the bidding process. Mr. Garza further stated that, if the arrangement with the private sector proved to be unsatisfactory, the issue would be returned to the Council with alternative solutions. Mr. Eric Wramp, Police Officer and President of the Corpus Christi Police Officers Association, 802 Barry, distributed material regarding correspondence concerning the City's radio system. Mr. Wramp referred to billing discrepancies and conflicts of interest, and requested an investigation of the matter. A discussion ensued regarding the distributed material, and City Manager Garza stated that this item would be withdrawn from consideration on the day's agenda. 2. WITHDRAWN Motion authorizing the City Manager or his designee to execute a contract with e. -- t - -' •:t system for one month beginning December 16, 1992, with an option to extend for up to two additional one month terms at the discretion of the City Manager. Y► f i Y i i# i i i•! Mayor Rhodes called for consideration from the Regular Agenda. Mayor Rhodes opened the discussion on Item 8, motion authorizing the receipt of bids for preparation and delivery of senior citizen food services. Responding to Council Member Galindo, Mr. Tom Utter, Director of Development Services, explained the present costs, volume, and serving procedures for the City's senior citizen food services. Mr. Utter stated that, through privatization, the cost per meal could possibly be reduced which would allow the City to fund more meals. Mr. Utter next explained the 17th Year Community Development Block Grant Program funds available for the Northside Senior Center and Central Kitchen. He further stated that the $200,000 of designated funds would not adequately fund the type of kitchen required for preparation of the meals. He further stated the funds could be used in other areas of the Northside Senior Center and Community Building. Further discussion ensued at which time several Council Members commented that they were in favor of privatization of the meal preparation. Next, Council Member Martin stated that the City's meal preparation service was efficient and that he would be surprised if a reduction in cost per meal developed through Minutes Regular Council Meeting November 17, 1992 Page 6 privatization. Mr. Martin requested a cost analysis on a per meal basis if the City built the kitchen and continued preparing the meals. He also conunented that he appreciated the protective specifications in the contract, but expressed concern that only a small number of interested parties would be able to qualify for such specifications. Mr. Utter next commented on a scheduled pre-bid conference which would determine whether the bid specifications would need modification. Next, Mr. Utter referred to a correction in the Bid Invitation which corrected the termination clause. Responding to Council Member Slavik, Mr. Utter explained the difference between the Senior Center meal and home delivered meals. Council Member Guerrero inquired if federal funds would be available to assist minority contractors, and Mr. Utter stated that he would investigate this possibility. In response to Council Member McComb's inquiries, Mr. Utter discussed the scope and availability of governmental food commodities used by the City which would be available to private contractors. Mr. Homer McDaniel, a local resident, emphasized the importance of reducing the waiting list for the senior citizen meal services. Council Member Martin inquired about the shortage of funds for the service, and Mr. Utter explained. Mr. Leon Perez, 904 Buford, commented on mass meal preparation procedures. Lastly, Mr. Utter responded to Council Member Slavik's concerns regarding the quality and quantity of meals specified in the Bid Invitation. He further stated that the City employs licensed nutritionists and dieticians to utilize the most nutritious foods available at the lowest price. City Secretary Chapa polled the Council for their votes and the following passed: 8. M92-310 Motion authorizing the receipt of bids for preparation and delivery of senior citizen food services. 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 9, motion authorizing submission of recommended changes to the State Coastal Beach Management Regulations. Minutes Regular Council Meeting November 17, 1992 Page 7 City Manager Garza stated that the item would be postponed for one week. He explained that, pursuant to the recent public meeting of the General Land Office, the State extended their submission deadline until November 25, 1992. He stated that more information regarding the regulations and concerns expressed at the public meeting would be addressed and included in the Council's Friday packets. 9. POSTPONED Motion authorizing the City Manager or his designee to submit recommended changes to the State Coastal Beach Management Regulations. :ss:.:.:.:. Mayor Rhodes announced the public hearing on the following zoning application: 10. Case No. 1092-2. T.C. Isensee: A change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on 6.3 acres out of the southeast corner of Survey 404, located on the west side of Clarkwood Road, approximately 435 feet south of Agnes Street. Mayor Rhodes stated that both the Planning Commission and staff recommends denial of the application. Next, Mr. Utter stated that staff recommends the issuance of a special permit with three conditions. He further stated that Mr. George Hext, Director of Aviation, and Ms. Sue Nelson, Tuloso-Midway Superintendent, were in agreement with the recommendation. Mr. Utter next discussed the three conditions of the special permit. He stated that thirteen dwelling units would be allowed in the existing school building, the 6.3 acre tract would be platted as a single lot, and the City would receive an avigation easement. Mr. Utter further stated that this avigation easement would be referenced in the apartment contracts informing prospective tenants of such easement. Responding to Mayor Rhodes' inquiry about the avigation easement, Mr. Utter stated that the Planning Commission had not seen the revision, but were aware of the easement. City Attorney Bray stated he did not foresee a legal problem involving the revision. Council Member Longoria commented on the need for apartments as well as homes in the area. Council Member McComb commented that he was not in favor of the proposed 10,000 feet runway at the Airport which, if not constructed, would allow more residential dwellings in the area. Mr. Hext briefly commented on the proposed runway contained in the Airport Master Plan. Minutes Regular Council Meeting November 17, 1992 Page 8 Following, Mr. Utter defined avigation easement, and City Attorney Bray stated that this easement would be filed of record at the Nueces County Courthouse. Council Member Martin commented that the tenants would be aware of the flight pattern over the complex through their apartment contracts. Mr. Hext discussed liability to the Airport, and stated that the easement would prevent suits involving aircraft noise. Mr. Martin inquired if Mr. Utter felt the Planning Commission concurred with the Staffs Recommendation, and Mr. Utter discussed the reasons he felt they would concur. Mr. Martin expressed concern that the Planning Commission was not informed of the new revisions before presentation to the Council. Mayor Rhodes asked if the applicant agreed with the Staffs Recommendations, and the applicant replied in the affirmative. Mayor Rhodes moved to amend the Ordinance to concur with the Staffs Recommendation providing for a Special Permit instead of a zoning change, seconded by Council Member Slavik, and passed unanimously. Council Member Longoria moved to close the public hearing; seconded by Council Member Slavik and passed unanimously; Guerrero absent at the time the vote was taken. City Secretary Chapa polled the Council and the following passed as amended: 10. ORDINANCE NO. 021519 Amending the Zoning Ordinance upon application by T.C. Isensee by granting a Special Council Permit for an apartment complex limited to 13 units on 6.3 acres out of the southeast corner of Survey 404; and declaring an emergency. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Mayor Rhodes announced the public hearing on the following zoning application: 11. Case No. 1092-5. Corpus/SPID Partnership: A change of zoning from "R -IB" One - family Dwelling District to "B-1" Neighborhood Business District on 7.359 acres out of Lot 14, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast side of Williams Drive, approximately 280 feet southeast of Daly Drive. Mayor Rhodes stated that both the Planning Commission and staff recommends approval of the application. No one opposed the zoning change. Minutes Regular Council Meeting November 17, 1992 Page 9 Council Member Galindo moved to close the public hearing; seconded by Council Member McComb and passed unanimously; Guerrero absent at the time the vote was taken. City Secretary Chapa polled the Council and the following passed as follows: 11. ORDINANCE NO. 021520 Amending the Zoning Ordinance upon application by Corpus/SPID Partnership by changing the Zoning Map in reference to the 7.359 acres out of Lot 14, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Mayor Rhodes announced the public hearing on the following zoning application: 12. Case No. 1092-6. King's Court Joint Venture: A change of zoning from "B-4" General Business District to "R -1B" One -family Dwelling District on 9.19 acres out of Lots 25 and 26, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of S. Staples Street and Chicago Drive. Mayor Rhodes stated that both the Planning Commission and staff recommends approval of the application. No one opposed the zoning change. Council Member Slavik moved to close the public hearing; seconded by Council Member Moss and passed unanimously; Guerrero absent at the time the vote was taken. City Secretary Chapa polled the Council and the following passed as follows: 12. ORDINANCE NO. 021521 Amending the Zoning Ordinance upon application by King's Court Joint Venture by changing the Zoning Map in reference to the 9.19 acres out of Lots 25 and 26, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from "B-4" General Business District to "R -1B" One -family Dwelling District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. * * * * * * * * * * * Minutes Regular Council Meeting November 17, 1992 Page 10 Mayor Rhodes stated that the closed session pursuant to Article 6252-17, Sec. 2(e), V.A.C.S. regarding Abel Alonzo v. City of Corpus Christi et al, No. C-91-218, U.S. Dist. Ct., Southern Dist. of Texas, Corpus Christi Division would be addressed at the next Council meeting; and City Manager Garza stated that the closed meeting pursuant to Sec. 2(0 thereof regarding selection of a new landfill site would be addressed after the Landfill Advisory Board gave a presentation to the Council in open session. Mayor Rhodes called for the City Manager's report, and there was none. Mayor Rhodes called for Council concerns and reports. Council Member Slavik commented on the upcoming seminars at Corpus Christi State University presented by the Environmental Science Department. She stated that Jesus Garza, former Deputy City Manager and current Executive Director of the Texas Water Commission, would be the speaker for the first seminar. Mrs. Slavik also commented that Senator Carlos Truan would be present at the first seminar and encouraged other Council Members to attend. Council Member McNichols inquired whether the Council received a copy of the letter to Jesus Garza, Texas Water Commission, regarding relief from water releases. Next, Dr. McNichols commented on the workshop regarding wastewater issues on December 8, 1992, and posed several questions which could be addressed at the meeting. Council Member Moss commented that he appreciated the City's Planning and Engineering Departments working together to utilize the Geographical Information System maps. Council Member McComb commented that he would present a letter to City Manager Garza regarding an area in the City which needs maintenance, and that the number of recent zoning cases indicate a better economy locally. Council Member Longoria commented on two complaints she recently received. Mrs. Longoria next commented on the 1992 Hispanic Recognition award presented to Dr. Maria Louisa Garza, Gulf Coast Council of La Raza, from Pizza Hut. Mayor Rhodes requested that Council Member Longoria present a letter for her at the town meeting on Thursday, November 19, 1992. Council Member Martin inquired about the deadline for presenting suggested Charter revisions to the Charter Revision Committee, and City Secretary Chapa indicated that the deadline was December 1, 1992. Next, Mr. Martin requested an analysis on the final 1991-1992 sales tax figures, and City Manager Garza stated he would provide this information. Lastly, Council Member Martin expressed concern regarding the safety procedures employed at street improvement sites in the City, and stated sluggish traffic movement discouraged local commerce. Mayor Rhodes called for petitions from the audience. Minutes Regular Council Meeting November 17, 1992 Page 11 Mr. Abel Alonzo, 1701 Thames, commented on an unpleasant incident he encountered before the City Council meeting in the lobby, and requested the presence of a security guard to stop such incidents. Ms. Marie Speer, 909 Red Start, commented on Item 9, motion authorizing the City Manager to submit recommended changes to the State Coastal Beach Management Regulations, and requested the posting of signs designating free beach areas. Responding to Ms. Speer's request, Mr. Utter stated that Nueces County would be the proper authority to contact for placement of signs. Ms. Margaret Raschen, 3231 Azores, distributed material to the Council from Barbara Woldstad Heim, representative of the Flour Bluff/Padre Island Civic League, and gave a summation. Ms. Raschen stated that the civic league approved the General Land Office suggestions, but strongly opposed allowing local governments to assess beach user fees for parking in open public beaches. Mr. Leon Perez, 904 Buford, commented that he was not in favor of winter averaging, and requested an explanation of the recently distributed educational material. City Manager Garza stated that the staff would explain the information. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:00 p.m. on November 17, 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 November 17, 1992, which were approved by the City Council on November 24, 1992. WITNESSETH MY HAND AND SEAL, this the 1st day of December, 1992. Armando Chapa City Secretary SEAL