Loading...
HomeMy WebLinkAboutMinutes City Council - 12/01/1992MINU I'ES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 1, 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 Council Member Galindo, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 24, 1992, and there being no corrections, she proclaimed them approved as presented. Mr. Manny Alvarez, Chairman of the Harbor Lights Promotions Committee, reviewed events of the upcoming "Harbor Lights" celebration. Ms. Janice Cubellis, Entertainment Chairman, distributed commemorative T-shirts to the Mayor and Council Members. Mayor Rhodes announced that the City of Corpus Christi did not make the short-list for the Department of Defense Central Accounting Project. She further stated that the item MICROFILMPI Minutes Regular Council Meeting December 1, 1992 Page 2 had been withdrawn from consideration on the days agenda. Council Member McComb expressed appreciation to Mr. Mike Carrell and other individuals for their efforts regarding the project. WITHDRAWN limitations: Defense Finance and Accounting Service Center to be located in Corpus Christi. voters Y. _ • .. . (e) No election will be held if Corpus Christi docs not make DOD's short Mr. Bob Harrold gave a brief presentation regarding the establishment of a Mexican Baseball League in the City. He distributed material and explained benefits to the community. Mr. Harrold also discussed favorable meetings with the Mexican Baseball Team Owners and the President of the Mexican Baseball League. He stated that they have offered to play exhibition games in Corpus Christi in March of 1993. He stated that this would be a good opportunity to determine the community's interest in such program. Additionally, Mr. Harrold commented on the need for a new baseball stadium in the City and the possibility of the City funding the project. He further suggested that the baseball team, along with other teams utilizing the field, could repay the City for the new stadium. A brief discussion developed and several Council Members requested more information. Mayor Rhodes and Council Member McNichols suggested that Mr. Harrold contact Mr. Gary Bushell, Corpus Christi Area Economic Development Corporation, for assistance in evaluating the feasibility of the program. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4 through 6, and no one requested Items be withheld for discussion. Minutes Regular Council Meeting December 1, 1992 Page 3 City Secretary Chapa polled the Council for their votes and the following were passed: 4. M92-316 Motion rejecting bids for supply agreement for custodial services for City Hall and Service Center based on prices being too high. Bid Invitation No. 13I-0022-92 will be rejected and new bid invitations will be issued. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5. RESOLUTION NO. 021524 Resolution governing City elections in 1993, including appointment and compensation of election officials, voting systems, ballot boxes, and central counting station. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 6. ORDINANCE NO. 021525 Ordinance closing and abandoning a 3.36 -foot wide by 30.23 -foot long portion of a 7.5 -foot wide utility easement along the west property line of Lot 11, Block 1, Inverness Unit A Subdivision, subject to replatting the property within 180 days and executing a hold harmless agreement. 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." Mayor Rhodes called for considerations from the Regular Agenda. Mayor Rhodes opened the discussion on Item 7, the third reading of the wastewater winter averaging ordinance. City Manager Garza explained present alternatives to the ordinance which involved changing the effective date for winter averaging and defining the base year revenue. Council Member Moss stated that he supported the winter averaging concept, and inquired whether the meter readings for winter averaging would be separate from the regular meter readings. Council Member Martin expressed concern that the water meters were not being read on the target date listed on the postcards mailed to the customers. Mr. Martin Minutes Regular Council Meeting December 1, 1992 Page 4 inquired whether the regular meter readings had been coordinated with the reading date listed on the postcards. City Manager Garza stated that reading the water meters on a specific date would be difficult. He further stated that it was his understanding that the postcard indicated that water meters would be read three times on or after the date listed. He next stated that these readings would provide three complete readings during that time frame, and that the meter reading determining the winter average would be performed at the same time of the regular reading. A brief discussion developed and it was determined that the language on the postcard implied that water meters would be read for the purpose of winter averaging on a certain date. Council Member Martin commented on his previous concern of establishing the yearly base revenue on the budget needs instead of actual revenue. Additionally, Mr. Martin stated that he could not support the present alternative because of the delay of the effective date. Further, Mr. Martin stressed the importance of implementing winter averaging independent of any rate increase so that winter averaging is not perceived as a rate increase, but as an adjustment in billing procedures. Council Member Martin referred to the six percent rate cap in the Charter and stated that the variations occurring from changing the method of calculating wastewater rates would not violate this cap. City Attorney Bray agreed and stated that the City is attempting to perform a revenue neutral transition from one rate design to another. Responding to Council Member Galindo, City Manager Garza explained the winter averaging rate affects on consumer's bills. Council Member Martin suggested using the projected wastewater revenue figure from last year's budget as the revenue base. City Manager Garza stated that significant growth in the City would alter this figure but an adjustment could be made accordingly. Council Member Martin suggested that the Council adopt the winter averaging program projecting the effective date as June 1, 1993, and determine the base revenue prior to implementation next year. City Manager Garza stated that he was withdrawing this item from consideration on the day's agenda. He next suggested postponing the adoption of the ordinance until April or May of 1993 when accurate information was available from the meter readings as well as information regarding the budget. Mayor Rhodes requested that Mr. Garza implement a procedure which would verify the information on the postcards to the public. Minutes Regular Council Meeting December 1, 1992 Page 5 7. WITHDRAWN * * * * * * * * * * * * * Mayor Rhodes opened the discussion and consideration of the recommended Charter Revision proposals, and the public hearing. Council Member Longoria commented that the Charter Revision Committee distributed its final report at the last public hearing on November 10, 1992. Mrs. Longoria further commented that the alternatives and additions presented at the day's meeting were generated from questions and concerns from the previous council hearing and were prepared by City Attorney Bray and Charter Revision Committee Member John Bell. City Attorney Bray discussed the recommended changes in the distributed material concerning Propositions 2, 6, 8, and 12. Mr. Bray explained that in Proposition 2, an amendment to modify the provisions for initiative and referendum, the sixty day time period for circulating petitions would begin upon the deadline for the Council to determine action. He stated that this change would facilitate a full sixty days for circulation of petitions which in turn would suspend the ordinance and allow a referendum election at the next available election date rather than the next Council election. Mr. Bray next explained that the change in Proposition 6 would clarify that the Council would not be mandated to meet once a week but would be required to meet twice monthly and would have flexibility to alter the schedule of the council meetings for efficiency purposes. Next, Mr. Bray explained that the change in Proposition 8 conformed the language to the Federal Equal Employment Opportunity Statutes and no additions or deletions were present. Mr. Bray lastly explained the recommended Proposition 12 which proposed a salary increase for the Mayor and Council Members. Mayor Rhodes called for comments from the audience. Mr. Mr. J. E. O'Brien, 4130 Pompano, expressed concern that the public did not have adequate information regarding Proposition 12. Next, Mr. O'Brien questioned specific information contained in the distributed material regarding terms of school district officials, general law cities, and the reduction in the City's bond rating. Lastly, Mr. O'Brien stated that he opposes the proposed Charter amendments because the amendments provided the City Council more authority and the citizens less authority. In response to Mr. O'Brien's comments, City Attorney Bray discussed the questioned information in the distributed material. Mr. Bray also referred to the last bond presentation which concluded that the present City tax cap was a major factor in determining the City's bond rating. Additionally, Mr. Bray stated that the new proposal would allow the constitutional cap to be available for voter approved bonds. Minutes Regular Council Meeting December 1, 1992 Page 6 Mr. Phillip Rosenstein, 949 Bobalo, inquired about the disabled and elderly tax exemption status in connection with Proposition 10. City Attorney Bray answered that this proposition would not affect this status. Responding to Council Member Slavik's inquiry, City Attorney Bray stated that regulating council meetings was in the City Charter, and that he would provide information about other Texas cities. Ms. Pauline Clarke, 3902 Mueller, member of the League of Women Voters of Corpus Christi, discussed the history and importance of the ordinance allowing the City Council to annex land. She stated that annexation of an area should take place when the land is developed to the level that it is financially advantageous to the City and the City is prepared to serve the basic needs of the people in the annexed area. Ms. Clarke next stated that she supported the salary increases in Proposition 12, but feels that the positions should continue to be part time. Responding to Ms. Clarke's comments regarding the City's Industrial District, Council Member McNichols referred to current negotiations regarding the agreement between the City and the Industrial District. Mr. Ronald A. Hudson, 3556 Austin, referred to his suggested City Charter revisions distributed at the last council meeting. Mr. Hudson also briefly referred to a possible contradiction in Article I, Home Rule Government, Section 4, Initiative and Referendum, regarding presenting matters to the Council for consideration. Mr. Hudson expressed concern about the short time period employed by the Charter Revision Committee in formulating their final report. Mr. Irving Dietz, 455 Miramar Place, inquired about making a correction to the Charter concerning bond elections in the City to ensure that current City Councils complied with former City Council's commitments. A brief discussion ensued and it was determined that this was not a Charter issue. Next, Council Member Martin stated that, at the time of the bond election, specific projects could be listed on the ballot and voted on in Lieu of voting on a particular fund. Also, Council Member McComb commented that a provision could be added to Article VIII stating that all bond projects presented to voters could be on a project -by -project basis. Mr. Leon Perez, 904 Buford, stated that he supported a salary increase for the Mayor. Returning to Council Member Slavik's earlier inquiry, City Attorney Bray reviewed the statistics of other similar Texas cities regarding the meeting time frame for regular council meetings. Council Member Martin moved to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Minutes Regular Council Meeting December 1, 1992 Page 7 Next, the Council discussed the proposed amendments as follows: In regards to Proposition 1, Council Member Martin inquired whether the City could presently annex by ordinance. City Attorney Bray affirmed. Ms. Clark stated that she would appreciate more specific language in the Charter regarding the annexation procedures. There was no Council opposition to Proposition 1 as presented. Pursuant to Proposition 2, Mr. John Bell stated that the recommended change in Proposition 2 would insure a sixty day time period for circulating referendum petitions. Council Member Martin expressed support of this additional language. The Council concurred with revised Proposition 2A. Responding to Mayor Rhodes' inquiry, City Secretary Chapa suggested that the newly recommended propositions be returned to the Council for ratification and the results placed in the ordinance calling the election. Mr. Chapa next explained the deadline for finalization of the propositions. Mayor Rhodes suggested that the propositions be discussed at the next council meeting and that another public hearing be held at that time. There were no comments of opposition to Proposition 3, term limitations for the mayor and council members. Pursuant to Proposition 4, a brief discussion ensued regarding eliminating the filing fee, and Council Member Martin inquired whether State law allowed a signature system independent of a filing fee. City Attorney Bray affirmed. Mayor Rhodes moved to strike the language regarding the payment of a filing fee, which was seconded by Council Member McNichols. Mayor Rhodes called for a voice vote and the motion passed by a vote of six to three. Council Member Martin moved to eliminate Proposition 5, an amendment to change the time for City Council Runoff elections, seconded by Council Member McNichols. Additionally, Council Member Longoria commented that the additional week would allow citizens an extra week to vote. Mayor Rhodes agreed with Mrs. Longoria's comments, but expressed concern about additional cost to candidates for the extra week. Responding to Council Member Longoria's inquiry about a vote recount for an election, City Secretary Chapa stated that twenty-four to forty-eight hours were allowed for a recount which could be requested until the time for canvassing. He next stated that an ordinance approving the election results would follow. Further, Mr. Chapa stated that in the event of a recount the runoff period would be shorter. Mayor Rhodes called for a hand vote on Council Member Martin's motion to delete Proposition 5, and the motion passed by a vote of five to four. Regarding Proposition 6, an amendment to allow the City Council to adjust its regular meeting schedule, there was no opposition expressed as rewritten and presented under 6A, allowing the Council to adjust its regular meeting schedule. Minutes Regular Council Meeting December 1, 1992 Page 8 Regarding Proposition 7, an amendment to modify the provision for removal of council members, there was no opposition expressed. Regarding Proposition 8, an amendment to conform the discrimination provisions concerning employment with current federal law, there was no opposition expressed as rewritten and presented in 8A changing the term "handicap" to "disability" and adding the terms "age" and "color" to the non-discrimination provisions of the City Charter. Council Member Martin moved to amend Proposition 9 adding that Council Members could become candidates for any non -city public office, providing they would forfeit their positions in the event they are elected or appointed to the new office. The motion was seconded by Mayor Rhodes. Council Member Longoria commented that when a Council Member was seeking another office, a conflict of interest could occur. City Attorney Bray stated that it was his understanding that the Committee felt that campaigning for another office would interfere with public business. A brief discussion ensued regarding the addition. Council Member Longoria next referred to a survey of sixteen Texas cities wherein only two cities did not require resignation. Mayor Rhodes called for a hand vote on Mr. Martin's motion regarding Proposition 9, and the motion passed by a vote of seven to two. Pursuant to Proposition 10, an amendment to provide that the debt service required for bonds approved by the voters in the future would be subject to the tax rate limitation provided in the Constitution, there was no opposition expressed. Responding to Council Member McNichols' inquiry about Proposition 11, Mr. John Bell briefly discussed the history of issuing long term leases on submerged waters in Corpus Christi Bay. Mr. Bell further stated that the proposed change restructured the section in the City Charter for clarification and continued the existing City law regarding leases. Council Member McNichols moved to remove the reference to submerged lands in the proposition, seconded by Council Member Galindo. Mayor Rhodes called for a hand vote on the motion and the motion failed by a vote of four to four, Council Member Guerrero absent at the time of the vote. Proposition 11 was not changed. Pursuant to Proposition 12, Council Member Martin commented that he supported the salary increase for the Mayor and requested a survey of salaries of Mayors and Council Members in other cities. Next, Mr. Martin suggested that the Mayor's salary could be "pegged" as a part time position to another position, possibly the City Manager or City Secretary, to eliminate the need for future increases. Mayor Rhodes stated that she supported the recommended Mayor's salary of $18,000 as recommended in the proposition. Next, Council Member McComb moved to increase the Mayor's salary from the current $9,000 to $12,000 instead of the recommended increase. The motion failed for a lack of a second. Minutes Regular Council Meeting December 1, 1992 Page 9 Council Member Slavik expressed concern about pegging the Mayor's salary to another position and discussed possible complications. Mrs. Slavik next suggested a cost of living index increase reflecting inflationary factors instead. Council Member Moss moved to include a salary increase of $18,000 in annual compensation for the Mayor and $9,000 for City Council Members. Council Member Martin expressed concern about increasing the City Council Member's salaries, and stated that the current salary was adequate. Mr. Martin next stated that the Mayor's position was a full time position and should be sufficiently compensated. Lastly, Mr. Martin suggested increasing the salary of the Mayor and not the Council Members. Council Member McComb agreed with Council Member Martin's previous comments regarding the referenced salaries. Council Member Moss amended his previous motion, to include a salary increase of $18,000 in annual compensation for the Mayor and $9,000 for City Council Members, to exclude the salary increase for City Council Members, seconded by Council Member Slavik. Mayor Rhodes called for a hand vote on the motion, and the motion passed by a vote of six to two. Council Member Moss then moved to increase the salaries of Council Members to $9,000, seconded by Council Member McNichols. Mayor Rhodes called for a hand vote and the motion failed by a vote of five to four. Mayor Rhodes expressed appreciation to the Charter Revision Committee. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. City Manager Garza commented that the video on wastewater winter averaging viewed at the last Council Meeting was aired before the days Council Meeting and commended Susan Cable for her efforts. He next commented on the meetings between Susan Cable and the Council regarding suggested changes for the Regular Council Meeting Agenda. Mayor Rhodes stated that the Council meeting of December 29 was going to be tight and suggested that it be canceled. Discussion followed and she declared the meeting canceled. Mayor Rhodes next referred to a recent incident at Moody High School involving an off-duty police officer which signaled for assistance, and City Manager Garza stated that he would investigate the matter. Next, City Manager Garza commented that he would provide a report on the City's radio system at the next Council meeting. Lastly, Mayor Rhodes commented on the recent meeting with the Board of Trade in which their cooperation was Minutes Regular Council Meeting December 1, 1992 Page 10 offered in putting data into the City's computer regarding pipelines and other related information. She stated that City Manager Garza would be contacted soon by the recently formed committee regarding such matter. Mayor Rhodes called for Council concerns and reports. Council Member Guerrero inquired about the negotiations between the City and Central Power and Light Company (CPL) regarding the reading of gas meters in the City. City Manager Garza explained that approximately one year ago he contacted CPL about jointly reading meters in the City, but this suggestion did not materialize. Council Member Guerrero inquired about new positions, salary increases, and position changes at the Gas Division. City Manager Garza replied that these changes had not recently occurred. Council Member Guerrero suggested that the Gas Division remain as described in the Request for Proposal to insure fairness to all concerned. Lastly, Mr. Guerrero referred to Mr. Eric Wramp's comments regarding the City's radio system, and Mr. Garza stated that he planned a presentation on the matter on next week's agenda. Council Member Martin commented on the letters from Mr. Donald R. Temple, and Mr. Garza stated that he would investigate the matter. Mr. Martin next commented on a recent newspaper article regarding a resident dumping at the City's landfill. City Manager Garza explained the policies implemented at the landfills regarding different types of materials and the number of times visited. Mr. Martin requested that Mr. Garza contact the individual writing the article. Mr. Martin next commented that the Corpus Christi Area Convention and Visitors Bureau requested that their Board appointments be postponed from the next Council meeting. Further, Mr. Martin commented on a flyer he recently received from the local cable company concerning cable rate increases, and requested that Mr. Garza inquire into the new regulations presently being promulgated. Mr. Garza stated he would contact the proper officials and report to the Council. Mr. Martin next inquired about "Operation Heat Help," and suggested a video presentation be aired before the Council meetings regarding this program. Lastly, Mr. Martin inquired regarding the lawsuit against the City for the recent alcohol ban in City parks, and City Attorney Bray stated that he would provide an update to the Council on the issue. Council Member McNichols commented on the recent meeting in which the City was accepted to the National Estuary Program. Dr. McNichols also discussed the National Estuary Program and the Nueces Bay Brine Disposal hearing delays. Next, Dr. McNichols answered Council Member's concerns regarding the program and the delays. Council Member Slavik commented on several recent errors in the agenda packet. Further, Mrs. Slavik inquired about the problems involved regarding payment of the City's utility bills, and City Manager Garza explained the current changes to correct these problems. Next, Mrs. Slavik suggested that the City's permit and utility department work together to more efficiently assist the community. Returning to previous comments about the National Estuary Program, Dr. McNichols discussed the goals and objectives established by the City and the Texas Water Commission through the policy committee. Next, Dr. McNichols commented about a recent surface Minutes Regular Council Meeting December 1, 1992 Page 11 sealing process in the area of the Old Nueces County Courthouse, and Mr. Garza explained that this was a routine operation. A brief discussion developed regarding this issue. Council Member McComb commented on a recent incident wherein he visited the City/County Health Department during the lunch hour and was unable to transact business because the department was closed. Mr. McComb next made suggestions which would enable the department to remain open at this particular time. Also, Mr. McComb addressed the letter he received from Mr. Donald R. Temple regarding a complaint against the City's police and requested that City Manager Garza investigate the matter. Mr. McComb next referred to the change in operation and management of the City's golf course, and City Manager Garza stated that to his knowledge there were no formal ceremonies scheduled. Further, Mr. McComb presented pictures of glass being dumped at the landfill to City Manager Garza, and discussed a successful program in another city entitled, "Tire Amnesty Day," regarding the disposal of tires. Mr. McComb suggested that the City instigate a similar program at the landfills. Additionally, Mr. McComb inquired about a recent local soccer tournament in the City, and City Manager Garza discussed the details of the event. Mr. McComb also referred to copies of two newspaper articles he distributed to the Council Members regarding a San Antonio runoff -cleanup fee and a recent indictment regarding a wetlands' violation. Council Member Galindo commented that the City had been selected as the 1993 race site for the Multi -Hull Race, and requested City Manager Garza to obtain further details for a presentation to the Council regarding such race. The Mayor stated her office would handle it. Council Member Longoria referred to the local meeting on the recent gas explosion scheduled at Our Lady of the Rosary Church at 6:30, December 1, 1992. Mayor Rhodes next commented on the Mayor's Coalition on Crime Prevention Town Hall meeting to be held Thursday, December 3, 1992, at the Council Chamber of City Hall. Mayor Rhodes called for petitions from the audience. Mr. Ronald A. Hudson, 3556 Austin, stated opposition to wastewater winter averaging. Mr. Hudson next suggested that City garbage pick-up be regulated in a similar manner. Council Member Moss stated that wastewater winter averaging was successfully implemented in the City of San Antonio and other cities. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:32 p.m. on December 1, 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 December 1, 1992, which were approved by the City Council on December 8, 1992. WITNESSETH MY HAND AND SEAL, this the 5th day of February, 1993. Armando Chapa City Secretary SEAL