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.
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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
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