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HomeMy WebLinkAboutMinutes City Council - 01/05/1993MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 5, 1993 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 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 December 22, 1992, and there being no corrections, she proclaimed them approved as presented. Council Member Guerrero arrived at the Council Meeting at 2:05 p.m. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 10, and Council Members requested that Item 2 be withheld for discussion. siticsingtto Minutes Regular a, tcil Meeting January 5, 1993 Page 2 City Secretary Chapa polled the Council for their votes and the following were passed: 1. M93-001 Motion approving the purchase of two 14 cubic yard sludge containers; two sludge container dollies; two 5 cubic yard grit containers; and one grit dolly in accordance with Bid Invitation No. BI -0048-93 from May Fabricators, Inc., Beeville, Texas for the total amount of $24,777 based on only bid. Funds are budgeted in the 1992-93 Capital Outlay for this replacement equipment. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 3. ORDINANCE NO, 021542 Ordinance closing and abandoning a 10 -foot wide by 38.77 -foot long utility easement in Lot 8, Braslau Addition, subject to meeting specified conditions and replatting the property within 180 days. 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." 4. SECOND READING ORDINANCE Amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-255, Schedule VI, Decrease of State Law Maximum Speed, and providing for the decrease of the speed limit on Chaparral Street from Coopers Alley to Interstate Highway 37 within the City of Corpus Christi. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5. SECOND READING ORDINANCE An ordinance amending the Code of Ordinances, Chapter 53, Traffic, Section 53-254, Schedule V, Increasing State Speed Limits in Certain Zones, and providing for the increase or decrease of speed limits upon certain streets within the City of Corpus Christi. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss, and Slavik voting "Aye"; Martin voting "No." Minutes Regular a .icil Meeting January 5, 1993 Page 3 6. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease agreement with option to renew for five years upon notice to the City Manager thirty days prior to expiration, with the United States of America (National Weather Service) for 1,628 net square feet on second floor of Airport Tower Building and parking space adjacent thereto at the Corpus Christi International Airport, for a monthly fee of $1,628. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 7. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute a one year lease agreement to include an option to renew annually for twenty years with the U.S. Department of Transportation, Federal Aviation Administration, in consideration of establishment, maintenance, and operation of Omnidirectional Approach Lighting Systems at the Corpus Christi International Airport. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 8. SECOND READING ORDINANCE Ordinance amending City Code, Section 29-4(f), to direct that the Presiding Judge assure municipal court hours sufficient to efficiently conduct court business consistent with available resources, and to eliminate mandatory night court. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9. SECOND READING ORDINANCE Ordinance adopting the National Electrical Code, 1993 Edition; amending Division 2, Electrical Code of Article III Electrical, of Chapter 13 Buildings; Construction and Related Operations; Housing and Housing Premises Standards of the City Code of Ordinances; providing for additions, deletions, and changes to said Code; providing for licensing requirements for electricians; establishing permit requirements, inspection fees, and penalties; providing a savings clause; repealing all ordinances in conflict. Minutes Regular Cc. _icil Meeting January 5, 1993 Page 4 The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 10. ORDINANCE NO. 021543 Authorizing the City Manager or his designee to execute a one-year lease agreement with Larry J. Mokry for a 23.019 acre tract of land located at the northwest corner of the intersection of Ayers Street and Saratoga Boulevard; and approving a rental fee of either a designated dollar portion of the crop harvested from the acreage or a guaranteed $20/acre per crop year, whichever is greater. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Relative to Item 2, motion approving the purchase of training services from the Texas Engineering Extension Service, Council Member Moss requested a cost analysis to determine the training costs on an individual basis, and City Manager Garza stated that he would provide the Council with this information. Council Member Longoria inquired whether the Texas Engineering Extension Service was an agency of the State of Texas, and City Manager Garza explained that the agency was a branch of the Texas A & M University. Responding further, Mr. Garza explained the individual training programs involved. Council Member McNichols stated that he supported the training to enhance safety, and inquired whether the programs could be conducted internally after the initial training. City Manager Garza answered in the affirmative and explained that the expertise received through this training would be conveyed to other employees in the City through City safety representatives. 2. M93-002 Motion approving the purchase of training services from the Texas Engineering Extension Service in the estimated amount of $10,036. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes called for consideration from the Regular Agenda. Mayor Rhodes opened the discussion on Item 11, Ordinance amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-250, Schedule I -- One -Way Streets and Minutes Regular C. _icil Meeting January 5, 1993 Page 5 Alleys -- by providing for revision of time -restricted one-way patterns on certain streets in school zones. City Manager Garza briefly explained the present request made by the Luther Jones Elementary Parent Teachers Association and the school's principal concerning the traffic flow at the school and stated the request had been reviewed by the school's Site Base Management Committee as well as the Traffic Advisory Committee. Mr. Carl Crull, Director of Engineering, explained the present and proposed school zone one-way traffic trials. Mr. Crull further stated that an assessment by the City staff and the school administration would be made of both one-way traffic patterns at the end of the current school year to determine which one-way pattern would be permanently maintained for the 1993-94 school year. A brief discussion ensued, and Mayor Rhodes requested that the City initially position police officers in the area to assist the public during the adjustment period. Council Member Martin expressed concern that the change would direct the traffic flow onto a residential street, cause a collector street to be a one-way street during certain hours, and encourage a left hand turn onto a collector street with only a stop sign. Mr. Martin also expressed concern about the costs to the City in providing police officers and crossing guards. He stated that a permanent solution should be returned to the Council soon and that the children should be dropped off on school property and not on a City street. Mr. Martin next suggested that the school use a current employee parking lot for a drop-off bay or purchase additional land in close proximity for the loading and unloading of students. Council Member McComb suggested that, if the ordinance passed at the day's meeting, the signs directing the traffic flow be changed before school reopens after the holidays. Council Member Longoria supported Mr. Martin's earlier comments. Council Member McNichols stated that the present motion before the Council was not a long term solution and suggested adoption to provide immediate protection for the school children. He further stated that a permanent solution could be established in the future. Council Member McComb referred to a similar situation at Schanen Estates Elementary School. Council Member Guerrero expressed concern that the school district had not attempted to solve the problem, and stressed the importance of obtaining a permanent solution. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular C. tell Meeting January 5, 1993 Page 6 11. ORDINANCE NO. 021544 Ordinance amending the City Code of Ordinances, Chapter 53, Traffic, Section 53- 250, Schedule I -- One -Way Streets and Alleys -- by providing for revision of time - restricted one-way patterns on certain streets in school zones. 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 opened the discussion on Item 12, resolution authorizing condemnation proceedings by the City to condemn fee title to a parcel of land for the Oso Parkland project and to acquire the property from the owners. Mr. Tom Utter, Group Manager of Development Services, discussed the Oso Creek Greenbelt and Parkway Plan. Through the use of a chart, he illustrated the surrounding areas and the present uses. Mr. Utter further reviewed the advantages of the purchase stating that the land: does not presently have water and sewer available; provides a long- term regional park opportunity; provides soil to be used at the Elliott Landfill; and, through the creation of additional shallow wetlands, would assist in upgrading the quality of the effluent from the Greenwood Plant. Mr. Utter further stated that the U. S. Fish and Wildlife Service, the Texas Parks and Wildlife Department, and the U. S. Corp of Engineers supported the concept. He also stated that the various federal and state agencies would support the proposed low water crossing. Responding to Mayor Rhodes, Mr. Utter explained the condemnation proceedings. Council Member Martin inquired about the roll -back on the purchase, and Mr. Utter stated that parkland was not subject to a roll -back. Mr. Martin inquired whether the federal and state agencies had given written consent for the low water crossing. Mr. Utter next explained the alternative to the low water crossing, and stated that the U. S. Corp of Engineers did not provide written consents. He further explained the agencies' assurance of support. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 021545 Resolution authorizing condemnation proceedings by the City to condemn fee title to a parcel of land for the Oso Parkland project and to acquire the property from the owners, Virginia C. Joslin, J.R. Rainey, Jr., and Ameritrust Texas, N.A., successor independent co-executors of the estate of Ennis S. Joslin, deceased, the Joslin Partnership, Ltd. and Ameritrust Texas, N.A., trustee for the Virginia C. Joslin Trust. Minutes Regular C, icil Meeting January 5, 1993 Page 7 The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes called for the City Manager's report. City Manager Garza discussed the recent letter to Phoenix Holdings Group, Inc. enacting the contract's fifteen day default clause. A brief discussion developed and Mr. Garza commented that he felt Phoenix Holdings Groups, Inc. would post the bond soon. Mayor Rhodes called for Council concerns and reports. Council Member Longoria referred to the previous Council decision not to pursue the concept of mobile voting during the April 1993 City election. She stated that mobile voting would cost approximately $5,000. Mrs. Longoria next commented that the County election in November 1992 had a large voter turn -out resulting from the use of the mobile voting and that it provided many citizens the opportunity to vote which otherwise would not be able to do so. She stressed the importance of the upcoming April election in which City Council Members and the Mayor would be chosen as well as amendments in the City Charter and possibly the sale of the City's Gas System. Mrs. Longoria then made a motion to instruct the City Secretary to include the mobile voting plan in the ordinance calling the election, seconded by Council Member Moss. Mayor Rhodes suggested revision of Council Member Longoria's motion to instruct the City Secretary to bring back consideration of using mobile voting on next week's Agenda. A brief discussion ensued. Council Member Longoria then changed her motion to instruct the City Secretary to place on next week's Agenda consideration of mobile voting for the April 3, 1993 election. City Secretary Chapa commented that the ordinance calling the April election would be brought to the Council in two weeks. Mayor Rhodes called for a voice vote on the motion and the motion passed unanimously. Next, Council Member Longoria inquired about the status of Senator Carlos Truan's ordinance recommendations regarding pipelines in the City. City Manager Garza stated that this matter was under staff review and that he would provide the Council with a recommendation as soon as possible. Also, Council Member Guerrero commented that the Texas Railroad Commissioner Elect would visit the City of Corpus Christi for a review of the refineries and neighborhoods, including review of the ordinance. Responding to Mayor Rhodes' suggestion, Mr. Guerrero commented that a Neighborhood meeting with the Commissioner Elect had been scheduled. Responding to Council Member Moss, City Manager Garza briefly discussed Senator Truan's ordinance recommendations. Lastly, Minutes Regular C. tcil Meeting January 5, 1993 Page 8 Mayor Rhodes requested that Council Member Guerrero coordinate meetings between the City and the Commissioner Elect. Responding to Council Member Longoria's inquiry about the City's recent ordinance concerning parental responsibility for their children, City Manager Garza stated that there were no parent referrals to date resulting from the enforcement or violation of the ordinance. Returning to the City's golf course issue and in response to Council Member Galindo, City Manager Garza explained the fifteen day extension to Phoenix Holdings Group, Inc. concerning the bond. Further, Council Member Galindo inquired about the Mayor's Coalition on Crime Prevention Neighborhood Task Force meetings, and Mayor Rhodes explained the efforts of the Task Force. Council Member McComb referred to his motion at the previous Council meeting regarding the Texas Municipal Retirement System (TMRS). Mr. McComb stated that it was his impression that the issue would be on the day's agenda, and requested that it be placed on next week's agenda. Mr. McComb further suggested that a freeze be placed on hiring new employees until the issue is resolved. He stated that this freeze would prevent future misunderstandings about retirement benefits. Mr. McComb next discussed other options available to the City, and suggested that the City implement a new policy informing City employees hired after January 1, 1993, that the retirement contribution would be on a one- to-one basis. He further suggested that the City attempt to change State legislation, or, alternatively, consideration of a new retirement benefit administrator as of January 1, 1993. Mayor Rhodes expressed concern about Mr. McComb's suggested freeze on the hiring of new employees. City Manager Garza suggested that new employees could be given notice that the City was considering a change in the City's retirement plan effective January 1, 1993 and could sign some type of disclosure form for the record. Mayor Rhodes stated that it was the consensus of the Council to change the City's retirement benefits. She further commented that she did not support a freeze on the hiring of new employees. Mayor Rhodes next requested that Mr. Garza inform new employees of the proposed change and requested that this item be placed on next week's agenda for discussion. Council Member McComb commented on a recent bid notice in the Corpus Christi Caller Times, and inquired about auditing procedures of City equipment. Mr. McComb suggested that the City commission an outside audit. City Manager Garza explained the City's various auditing procedures, and discussed the possibility of employing outside auditing firms. Mr. McComb next requested the City Manager to investigate this possibility. Council Member McComb requested an update on the recent letter to Mr. Jesus Garza, Executive Director of the Texas Water Commission, regarding relief from water releases. City Manager Garza answered that he would provide the Council an update on the issue. Minutes Regular Cc icil Meeting January 5, 1993 Page 9 Council Member Moss referred to a City utility bill he recently received, and expressed concern about the promptness of the mailing. City Manager Garza stated that he would investigate the matter and provide information to Mr. Moss. Council Member Martin also expressed concern about the promptness of the City's utility bill mailings. Next, Mr. Martin inquired about maintenance of the City's golf courses, and City Manager Garza explained that the City was currently providing full maintenance. Mr. Garza also stated that past golf course employees had been placed in other City positions, and were replaced with outside temporaries supervised by City staff. Mr. Martin requested an update on this matter, and Mr. Garza stated that he would provide this information to the Council. Next, Council Member Martin congratulated Dr. Abe Saavedra, Superintendent of the Corpus Christi Independent School District, and offered the Council's support and assistance. He asked the Mayor to relay congratulations on behalf of the Council. Mayor Rhodes stated that she would provide the Council a copy of the letter of congratulations she was sending. Mr. Martin next requested that a summary of the prior TMRS discussion be presented to the Council before the next Council Meeting. Lastly, Mr. Martin requested an update concerning the bids on the City's gas system. Returning to the City's golf course issue, Council Member McNichols suggested that the City make every effort to work with Phoenix Holdings Groups, Inc. Next, Council Member McNichols referred to the recent Wastewater Workshop and suggested that the City continue to work on the wastewater issues. Dr. McNichols next requested an update on the Industrial District agreements. City Manager Garza explained that the contract negotiations were at a standstill until after the April 1993 election. Mr. Garza also briefly discussed the early payment offer from the Industrial District, and stated that he would provide a report on the issue to the Council. Council Member Galindo commented on procedures for placing items on the Agenda. Council Member Guerrero inquired about the status of the City's Communication System contract, and City Manager Garza explained the current review. Mr. Garza further commented that a recommendation to the Council would be forthcoming. Responding further, Mr. Garza commented that the recent allegations regarding the City's radio system were under investigation by the Police Department. Mayor Rhodes called for petitions from the audience. Mr. Phil Rosenstein, 949 Bobalo, commented that he was in favor of the mobile voting concept so that all citizens would have the opportunity to vote. Further, he stated that he felt the cost for mobile voting was small when compared to the benefits. Mr. Bill D. Anderson, 5409 Eden Lane, commented on the mist in his neighborhood resulting from the cooling tower operation at the Javelina Plant. Mr. Anderson also Minutes Regular C ncil Meeting January 5, 1993 Page 10 commented on the investigation performed by the State and compliance deadline. Mr. Garza discussed the investigation and stated that he would discuss this issue with Mr. Anderson further. Mr. Ronald A. Hudson, 3556 Austin, expressed support of the mobile voting concept and commented on possible violations of the Open Meetings Act concerning closed meetings in the Agenda. In response, City Attorney Bray explained the related law in the Open Meetings Act pertaining to language in the Regular Council Meeting Agenda. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 3:20 p.m. on January 5, 1993. t t s::. e s s s s x s 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 January 5, 1993, 1992, which were approved by the City Council on January 12, 1993 WITNESSETH MY HAND AND SEAL, this the 5th day of February, 1993. Armando Chapa City Secretary SEAL 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 January 5, 1993, which were approved by the City Council on January 12, 1993. WITNESSETH MY HAND AND SEAL, this the 5th day of February, 1993. i% Armando Chap City Secretary SEAL a/ /< e