Loading...
HomeMy WebLinkAboutMinutes City Council - 03/09/1993I 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 March 9, 1993, which were approved by the City Council on March 16, 1993. WITNESSETH MY HAND AND SEAL, this the 23rd day of March, 1993. J Armando Chapa WCity Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 9, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Cezar Galindo Dr. David McNichols Betty Jean Longoria Clif Moss Mary Pat Slavik 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 E. F. Bennett, Retired Pastor, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Galindo. 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 March 2, 1993, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes introduced Mr. Bob Dignayo, Chairman of the Texas Business and Education Coalition Coordinating Committee. Mr. Dignayo discussed the goals and achievements of the committee. He stated that the committee consisted of businesses, educators, educational organizations, and concerned citizens, and promotes positive education. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 17, and Council Members requested that Items 2, 3, 5, 7, and 13 be withheld for discussion. Minutes Regular Co. .;il Meeting March 9, 1993 Page 2 City Secretary Chapa polled the Council for their votes and the following were passed: 1. M93-075 Motion approving a supply agreement for approximately 300 gate valves ranging in size from 3"-12" in accordance with Bid Invitation No. BI -0067-93 with Mueller Co., San Antonio, Texas based on total low bid for an estimated annual expenditure of $65,130.43. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 92-93 by the Water Division. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 4. M93-077 Motion awarding a contract in the amount of $156,163.27 to UMM, Inc. to construct drainage improvements and a sanitary sewer at the Westside Solid Waste Landfill. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 6. M93-079 Motion authorizing the City Manager or his designee to execute an agreement with Central Power & Light Company to install street lighting improvements along Agnes Street between No. Port Avenue and the S.H. 358 Expressway, at a cost not to exceed $199,000. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 8. M93-081 Motion authorizing the execution of a Participation Agreement with Diamond L Investment, Inc. in an amount not to exceed $30,401.43 for additional pavement strength on Yorktown Boulevard. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 9. M93-082 Motion authorizing Amendment No. 2 to the Contract for Engineering Services with Bass and Welsh Engineering for the Northwest Area Water Distribution System in Minutes Regular Co, .;il Meeting March 9, 1993 Page 3 the amount of $37,800 for Design and Construction Phase Services associated with the installation of a diesel powered generator for emergency power to the pumps at the Cunningham Plant and a computer system to monitor and control the programmable logic controllers which, in turn, control the pumps, valves, and generator. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 10. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute a three-year lease with the Bank of Corpus Christi to operate an automatic teller machine in the terminal of the Corpus Christi International Airport for 33% of shared net income as monthly rent. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye"; Martin abstaining. 11. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute a one-year lease agreement with Royal In-Flite Catering, Inc. for 3304 square feet at the Corpus Christi International Airport. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 12. SECOND READING ORDINANCE Amending the Code of Ordinances, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by amending Article II, Convention Center and Coliseum, by updating existing titles, facility names, deleting sections which are no longer applicable and other housekeeping items. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 14a. ORDINANCE NO. 021583 Authorizing the City Manager to execute a one-year lease agreement with two one- year renewal options with The Executive Wet Set for rental of slip space for the operation of water toy concessions on the northside of the Peoples Street T -Head stem. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, and Slavik voting "Aye"; Moss voting "No." Minutes Regular Co, -.;i1 Meeting March 9, 1993 Page 4 14b. ORDINANCE NO. 021584 Authorizing the City Manager to execute a one-year lease with two one-year renewal options with Beach Rentals, Inc. for rental of slip space for the operation of water toy concessions on the northside of the Peoples Street T -Head stem. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, and Slavik voting "Aye"; Moss voting "No." 15a. ORDINANCE NO. 021585 Annexing 10.42 acres of land out of a 400 acre tract in the Mariano Lopez De Herrera Grant, Abstract 606, Nueces County, Texas, owned by Mr. J.M. Vaughn and platted as Wood River Unit 5-A. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 15b. ORDINANCE NO. 021586 Authorizing the City Manager to execute a contract with J.M. Vaughn for the annexation of approximately 10.42 acres of land out of a 400 acre tract in the Mariano Lopez De Herrera Grant, Abstract 606, Nueces County, Texas; finding all of said land to lie entirely within the extraterritorial jurisdiction of the City of Corpus Christi, Texas, adjoining, contiguous, and adjacent thereto. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 16. ORDINANCE NO. 021587 Authorizing the City Manager to execute an amendment to License (Lease) No. DOT-FA78SW-1073 with the U.S. Department of Transportation, Federal Aviation Administration, adding 400 feet by 1600 feet at the end of Runway 31 for the installation, operation, and maintenance of the medium intensity approach lighting system/runway alignment indicator light. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye? 17. ORDINANCE NO. 021588 Authorizing a Joint Use Parking Agreement, for twenty years with four ten-year options to renew, for a public parking area in Lindale Park located near McClendon and South Staples Street with All Saints' Episcopal Church. Minutes Regular Co, .di Meeting March 9, 1993 Page 5 The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Pursuant to Item 2, motion rejecting Bid Invitation No. BI -0061-93 and approving a supply agreement for traffic signs and traffic control devices, Council Member McNichols inquired whether City staff could produce the traffic signs at a lower cost. Mr. Bill Hennings, Group Manager, Public Works/Utilities, explained the traffic signs produced by City staff. Next, City Manager Garza stated that staff would examine the costs for the City to produce the traffic signs. Mayor Rhodes stated that this item would be withdrawn from consideration until this information was available. Pursuant to Item 3, contract for a hydrographic survey of Choke Canyon Reservoir, Council Member McNichols stressed the importance of the study. Dr. McNichols next inquired about the costs. Mr. James Dodson, Regional Water Director, compared the cost and time frame of the present study to the similar study performed in 1987. He stated that the present study would result in less costs and a shorter time frame. Mr. Dodson further explained the equipment down-time costs in the contract. Mr. Leon Perez, 904 Buford, inquired about the purpose of the hydrographic survey. Mr. Dodson explained. Mayor Rhodes called for public comments on Items 2 and 3, and there were none. Pursuant to Item 5, motion awarding a contract to R & R Contractors to construct solid waste disposal sites, Council Member Longoria referred to several concerns she received regarding the contract. City Manager Garza explained that a performance bond was required for contracts over $25,000. Further, Mr. Garza stated that the selected bid was opened at the bid opening, but the amount was not disclosed at that time. He stated that this action was taken because R & R Contractors did not use the City's standard forms. Mr. Garza also stated that the matter was reviewed by the Legal Department to ensure that the procedure complied with requirements in the Charter. City Attorney Bray stated that the Charter required only that the bids be opened. Council Member McNichols referred to the distinctive character of the project, and inquired whether staff believed the low bidder possessed the necessary expertise to preclude liability to the City. City Manager Garza referred to staffs initial concerns and subsequent reference inquiry which concluded in favorable results. Mr. Carl Crull, Director of Engineering, discussed the company's qualifications and credentials. Council Member Martin expressed concern that staff did not disclose R & R Contractor's bid at the bid opening, or later inform bidders present at the opening. He suggested that bid amounts be revealed at bid openings in the future. City Manager Garza agreed. Minutes Regular Co. , it Meeting March 9, 1993 Page 6 Responding to Council Member Martin, Mr. Crull explained the total base bid and the additive alternative structure. Mr. Crull further discussed the language in the general provisions of the proposal regarding the award of the contract. Mr. Martin expressed concern that the agenda material did not provide explicit information and that the bid documents were not explicit concerning the basis for awarding the bid. Then, Mr. Martin discussed potential difficulties regarding the structuring of bid proposals. Mr. Martin suggested that in the future the award be based on the lowest bid of the proposed bid package, specifying the specific conditions. Mr. Crull stated that the special provisions could contain a basis of award for the contract. An employee of R & R Contractors explained his company's ability to perform the contract. Pursuant to Item 7, motion authorizing the execution of a Participation Agreement with Braselton Land Venture, Inc., Council Member Galindo inquired about the improvements to the westside half of Everhart Road. Mr. Crull explained that the westside had been previously strengthened. Council Member Moss expressed concern about the City's method of strengthening streets in the City. Responding, Mr. Crull explained the present method and potential revision of the Platting Ordinance regarding street development and improvements. Mr. Moss inquired whether the present method was more expensive than improving the whole street initially, and Mr. Crull replied in the affirmative. City Manager Garza inquired whether, upon completion, the street would be as strong as strengthening both sides of the street at the same time, and Mr. Crull replied in the affirmative. Responding to Council Member Martin, Mr. Moss commented favorably on the City constructing and funding street projects initially, and reimbursement by developers or property owners at the time of development. Mr. Martin discussed several other projects in the City exercising partial street strengthening, and commented that staff was following the Council's direction to overstrengthen arterial streets in the City. Pursuant to Item 13, authorizing the renewal of the contract with Efrain Guerrero, dba La Playa, Council Member Martin inquired whether the food service would be an opportunity for the City to participate in handicapped or disabled person programs in the future. Mr. Garza referred to an option under review utilizing this option. City Secretary Chapa polled the Council for the votes as follows: 2. WITHDRAWN control dcviccs in accordance with the above mentioned bid invitation with the Minutes Regular Co. 2i1 Meeting March 9, 1993 Page 7 annual expenditure of $25,735.05. The term of the contracts will be twclvc month., with an option to extend for up to an additional twelve months subjcct to the budgeted in FY 92 93 by the Warehouse Inventory for the Street, Cas, Water and Wastewater Departments. A new bid invitation will be issued at a later date. Vulcan Signs Folcv, AL $13,261.05 Items 1 1 1.25 3. M93-076 Alamo Iron Works Sales & Supplic3 Corpus Christi, TX $12,474.00 Items 2.0 3.0 GRAND TOTAL $25,735.05 Motion authorizing the City Manager or his designee to execute an agreement with the Texas Water Development Board for a fee not to exceed $34,000 to perform a hydrographic survey of Choke Canyon Reservoir. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 5. M93-078 Motion awarding a contract in the amount of $313,585.25 to R&R Contractors to construct solid waste disposal sites in Sectors 1 and 2 at the J.C. Elliott Landfill. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 7. M93-080 Motion authorizing the execution of a Participation Agreement with Braselton Land Venture, Inc., in an amount not to exceed $15,825.34 for additional pavement strength on Everhart Road. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye"; Martin abstaining. 13. SECOND READING ORDINANCE Authorizing the City Manager to execute a one-year lease with two one-year mutual term options to renew with Efrain Guerrero, dba La Playa, to provide food service at City Hall, for a fee of one percent of gross revenue. Minutes Regular Co, _ it Meeting March 9, 1993 Page 8 The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." City Manager Garza commented that Items 18 and 19, meetings of the Corpus Christi Housing Finance Corporation and the Corpus Christi Housing Improvement Corporation, would be postponed. Mayor Rhodes called for consideration from the Regular Agenda. Council Member Martin expressed concern that funds for Item 20, motion approving the FY 93 HOME Program, were derived from Items 18 and 19. Mr. Tom Utter, Group Manager, Development Services, explained that the scheduled meetings were not properly posted and required postponement. Mr. Utter further stated that the deadline for filing the program description with the Department of Housing Urban Development (Item 20) was March 12, 1993, and required attention at the day's meeting. Further, Mr. Utter explained past and current program budgets, and discussed the amount of the City match. Mayor Rhodes inquired whether Item 20 could be approved without the transferral of funds in Items 18 and 19. City Manager Garza answered in the affirmative, and stated that a funding source and authorization to disburse funds could be defined at a later date. City Manager Garza stated that the Council's approval of Item 20 would commit the City to fund the local share. Council Member McNichols referred to his position as President of the Corpus Christi Housing Improvement Corporation, and inquired whether approval of Item 20 would impact any decisions on the Frost Brothers Building. Mr. Utter replied that it would not. Council Member Martin expressed concern that the FY93 HOME Program description and execution of required documents was not presented to the Council for consideration at an earlier date. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 20. M93-083 Motion approving the FY93 HOME Program Description and authorizing the City Manager or his designee to execute and submit to the Department of Housing and Urban Development (HUD) the required documents. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Co. .oil Meeting March 9, 1993 Page 9 Mayor Rhodes opened the discussion on Item 21, ordinance concerning the FY 92 CDBG Program Final Statement and execution of research agreements with Texas A&M University (A&M) and Corpus Christi State University (CCSU). City Manager Garza stressed the importance of developing a proactive fair housing assessment program (FHA), and described the proposed plan. Mr. Garza then discussed related requirements and benefits of the program. Responding to Mayor Rhodes, Mr. Garza discussed the proposed funding of the agreements with A&M and CCSU. Responding to Council Member Martin's concerns, Mr. Garza referred to the FHA objectives described in the agenda material, and discussed each objective. Mr. Martin stated that it was his understanding that the law required identification of impediments to the City's fair housing system and this identification was performed by the City's Human Relations Commission. Mr. Martin then referred to new efforts by the federal government regarding minority groups, and expressed concern that the City would be duplicating the efforts of other agencies. Mr. Martin then commended City staff and suggested that the study be performed in-house. Mr. Martin next commented favorably on programming the available funds for the study into a direct service instead. City Manager Garza referred to A&M's expertise which could be utilized to develop the FHA and create a better community. Responding to Council Member Martin, Mr. Garza commented that City staff was capable of performing the study, but the assistance from A&M and CCSU would be valuable. Council Member Galindo expressed concern that outside contractors would perform the study when City staff was capable. Mr. Galindo further stated that the funds for the study were needed in other areas in the community. Mr. Galindo also commented that City staff could follow the guidelines provided by the agency. City Manager Garza then stressed the importance of the study to ensure that the funds were utilized in the most effective manner. Responding to Mayor Rhodes, City Manager Garza stated that the implementation of the FHA would ensure that the City was in compliance with the certification required by HUD. Council Member Slavik agreed with Council Member Martin's suggestion to perform the study in-house. Mrs. Slavik also inquired whether the National League of Cities had been contacted to obtain guidelines for the study. City Manager Garza commented favorably on sharing technology with other entities, when possible, and discussed the specialized nature of the study. Responding further, Mr. Garza stated that annual assessments would be beneficial along with the proposed five and ten year housing assessments. Minutes Regular Co,. -oil Meeting March 9, 1993 Page 10 Responding to Council Member Longoria, Mr. Kelly Elizondo, Director of Community Development, reviewed the current workload of the Community Development Department. Next, Council Member Martin commented favorably on employing outside contractors for technological studies, but that, after consideration of the circumstances, the study should be completed internally. Responding to Council Member Moss, Mr. Elizondo stated that the FHA would train and educate the community and correct any potential problems. Further, Mr. Elizondo discussed problem areas in the City identified by HUD. Mayor Rhodes stressed the importance of obtaining scientific data from an objective source which would be beneficial to the City in the future. Mayor Rhodes called for comments from the audience. Mr. Leon Perez, 904 Buford, commented on problems he had with the local Housing Authority, and Mayor Rhodes commented that the City did not regulate this entity. City Secretary Chapa polled the Council for their votes as follows: 21. FAILED TO PASS • - 1 ■-•. Final Statement by reallocating $39,886 from FY92 CDBG Administration to FY92 Fair Housing Assessment; and, authorizing the City Manager or his dcsigncc to •:.. - Corpus Christi State University for $8,275 to assist in conducting the Fair Housing Asscssmcnt. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, and Moss voting "Aye"; Galindo, Martin, McNichols, and Slavik voting "No." Mayor Rhodes opened the discussion on Item 22, motion authorizing the City Manager to execute a Municipal Lease Purchase Agreement establishing a municipal line of credit and setting the interest rate upon acceptance of equipment. Mayor Rhodes deviated from the Regular Agenda and recognized Mr. Richard Raley, Regional Director of Real Estate for the General Services Administration (GSA). She commented that Mr. Raley was present at the day's meeting to support Item 24, Texas Mexican Railway operations. She further commented that Mr. Raley had a plane to board, and requested his comments. Mr. Raley commented on the efforts of GSA and benefits to GSA as well as the City through the removal of the railroad tracks on Holly Road. Minutes Regular Co, ..cil Meeting March 9, 1993 Page 11 Council Member Moss stressed the importance of removing the railroad tracks on Holly Road. Returning to Item 22, municipal lease purchase agreement, City Manager Garza explained the advantages of the proposed Municipal Lease Purchase Agreement. Responding to Council Member Moss, Mr. Garza explained the applicable interest rates and discussed examples in which the lease would be advantageous to the City. In response to Council Member Slavik, City Manager Garza explained the process by which the Finance and Legal Departments developed the lease. Further, Mrs. Slavik inquired about City obligations in the lease and the method by which Council would review implementation of the lease. City Manager Garza explained Council approval of equipment purchases, and stated that purchases utilizing the municipal lease purchase agreement would be presented to the Council as part of the annual budget. Further, Mrs. Slavik commented favorably on purchasing equipment on a cash basis, when possible, to save interest charges. Council Member Martin commended the staff for the development of the agreement. Mr. Martin further commented on the importance of adQance notice to the Council of utilization of the agreement. Mr. Martin inquired whether City Manager Garza felt the agreement was a "tool" to finance governmental purchases and not a "method." Mr. Garza confirmed. Next, Mr. Martin inquired about the position of the leasing company in the agreement. City Attorney Bray commented that title to the equipment would be conveyed to the City to avoid taxes, and explained the mechanics of the leasing agreement. Responding to Council Member Galindo, Mr. Garza stated that in the event the City did not appropriate funds for the equipment, the lease would be discontinued. Next, Council Member Slavik inquired about the purchase of the "Intelligent Inserting System" referred to in the agenda material. Mr. Garza explained options available to the City regarding the use of the system. Council Member Moss agreed with Mrs. Slavik's suggestion to utilize private contractors for this operation. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 22. M93-084 Motion authorizing the City Manager, or his designee, to execute a municipal lease purchase agreement with G.E. Capital Public Finance, Inc. which will establish a municipal line of credit and set the interest rate upon acceptance of the equipment. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Co_ ..oil Meeting March 9, 1993 Page 12 Mayor Rhodes opened the discussion on Item 23, motion approving the purchase of two crawler tractors and a supply agreement from Waukesha Pearce Industries. City Manager Garza explained that Item 23 would be funded through the City's Lease Line of Credit Contract. Mr. Garza then discussed the new drive shaft design by Waukesha Pearce Industries which would reduce maintenance of the machines. Council Member Martin inquired about the difference in the bids, and City Manager Garza explained that the difference resulted from maintenance assigned to the drive shaft. Council Member Galindo inquired whether the maintenance in the agreement would cover the recent emergency purchase of landfill dozers, and Mr. Garza replied in the affirmative. City Secretary Chapa polled the Council for the votes as follows: 23. M93-085 Motion approving the purchase of two crawler tractors and a supply agreement for five years full maintenance from Waukesha Pearce Industries. The award is in accordance with Bid Invitation No. BI -0107-93 and is based on low bid. The equipment is to be financed through the City's Lease Line of Credit Contract. Funds are budgeted by Solid Waste Services Department for the first year's payment for the replacement equipment as well as for maintenance supply agreements. Waukesha Pearce Industries - Corpus Christi Dresser TD25G Crawler Tractor 2 each @ $228,820 $457,640 Five Year Maintenance Contract 2 each @ $160,000 320.000 TOTAL $777,640 The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 24, Resolution supporting the continuation of the Texas Mexican Railway Company's service. Mayor Rhodes commented on the importance of the resolution. Responding to Council Member Moss, City Manager Garza explained that the resolution would support the Texas Mexican Railway Company in the event they were the successful bidder for the northern right-of-way. Utilizing a map, Mr. Utter located the referenced railroad right-of-way paralleling Holly Road and surrounding areas. Minutes Regular Co.. _cil Meeting March 9, 1993 Page 13 Mr. Bill Whittle, 238 Leming, representative of Berry Contracting and Bay, Inc., stated that Berry Contracting supported the resolution and suggested that the Council recommend to the United States Government the auction of its interest in the active segment of the railway line. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 021582 Resolution by the City Council of the City of Corpus Christi, Texas, supporting continuation of the Texas Mexican Railway Company's service. The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 25, motion to consider and act upon resolutions, and take other actions deemed appropriate by the City Council, as to the matters involving legislative issues before the 73rd Texas Legislature, and Items 25a through 251, reflecting relative resolutions. Mayor Rhodes called for comments on 25a, resolution adopting a statement of legislative policy for the City of Corpus Christi during the 73rd Texas Legislature, and there were no comments. Mayor Rhodes called for comments on 25b, resolution supporting House Bill 656. Council Member McNichols stressed the importance of the resolution, and reviewed the major provisions. Mayor Rhodes referred to assistance from the Texas Municipal League in the matter supporting the House Bill. Council Member Galindo inquired whether the Texas Water Commission would become the Texas Natural Resources Conservation Commission, and Mayor Rhodes affirmed. Mayor Rhodes called for comments on 25c, resolution on House Bill 657. Council Member McNichols stressed the importance of the house bill in relationship to increased rollback taxes caused by compliance with mandates. Council Member Slavik inquired whether House Bill 657 would weaken the effective State tax rate code, and City Manager Garza responded. Mayor Rhodes called for comments on Item 25d, resolution supporting Senate Joint Resolution 10 and Senate Bill 223, and there were no comments. Mayor Rhodes called for comments on Item 25e, resolutions opposing House Bill and Senate Bill 257, and there were no comments. Minutes Regular Cc.. _cil Meeting March 9, 1993 Page 14 Mayor Rhodes called for comments on Item 25f, resolution supporting House Bill 643, and there were no comments. Mayor Rhodes called for comments on Item 25g, resolution supporting House Bill 891, and Council Member McNichols stressed the importance of the resolution to the City. He stated that this resolution would increase the present percentage of the hotel/motel occupancy tax available to promote tourism in the community. Mayor Rhodes called for comments on Item 25h, resolutions supporting Senate Bills 11 and 52, and there were no comments. Mayor Rhodes called for comments on Item 25i, resolution supporting House Bill 102 and Senate Bills 10 and 51, and there were no comments. Mayor Rhodes called for comments on Item 25j, resolution supporting House Bill 494. Council Member McNichols commented that the resolution would permit cities to regulate the possession, consumption, sale, and manufacture of alcoholic beverages, including activities on licensed premises, if the City ordinance was stricter than the Texas Alcoholic Beverage Code or rules of the Texas Alcoholic Beverages Commission. He stated that this resolution was imperative to the City. Mayor Rhodes called for comments on Item 25k, resolution supporting passage of legislation to change the name of Corpus Christi Stated University to Texas A&M/Corpus Christi. Mayor Rhodes inquired whether the Board of Regents was in agreement, and City Manager Garza replied in the affirmative. Returning to Item 25c, House Bill 657, Council Member Galindo inquired about the effects of the rollback rate increase necessary to comply with mandates. City Manager Garza elaborated. Returning to Item 25j, House Bill 494, Council Member Moss inquired about the effects the house bill would have on the local public intoxication laws in the City. A discussion ensued, and it was determined that this house bill would enable the City to regulate alcoholic beverages. Responding to Council Member Martin's inquiry about the status of the Council's prior request concerning the City's retirement plan, City Manager Garza discussed his meeting with a Senator and a State Representative regarding such issue. He further referred to a house bill draft prepared by staff which would be submitted to the legislator. Mayor Rhodes called for comments from the audience on Items 25a through 251, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Co-_.cil Meeting March 9, 1993 Page 15 25. a. RESOLUTION NO. 021589 Resolution adopting a statement of legislative policy for the City of Corpus Christi during the Seventy -Third Texas Legislature. The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." b. RESOLUTION NO. 021590 Resolution supporting House Bill 656 (an act relating to the accurate calculation of costs of environmental mandates for local governments). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." c. RESOLUTION NO. 021591 Resolution supporting House Bill 657 (an act relating to the effect of a state or federal mandate on local ad valorem tax rates). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye? d. RESOLUTION NO. 021592 Resolution supporting Senate Joint Resolution 10 and Senate Bill 223 (relating to provision by the state of surety bonds for historically underutilized businesses). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." e. RESOLUTION NO. 021593 Resolutions opposing House Bill 31 and Senate Bill 257 (an act relating to government contracts for which a performance or payment bond is required). The foregoing resolutions passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." f. RESOLUTION NO. 021594 Resolution supporting House Bill 643 (an act relating to the authority of a municipality or county to set reasonable financial criteria for a surety company that provides a payment or performance bond). Minutes Regular Co-_.cil Meeting March 9, 1993 Page 16 g. The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." RESOLUTION NO. 021595 Resolution supporting House Bill 891 (an act relating to the use of revenue generated by the hotel tax by counties bordering on the Gulf of Mexico). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." h. RESOLUTION NO. 021596 Resolutions supporting Senate Bills 11 and 52 (an act relating to the term "intoxicated" as used in defining the offense of driving while intoxicated and in the law governing the taking of specimens of body substances). The foregoing resolutions passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye? RESOLUTION NO. 021597 Resolutions supporting House Bill 102 and Senate Bills 10 and 51 (an act relating to alcoholic beverages in motor vehicles). The foregoing resolutions passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." RESOLUTION NO. 021598 Resolution supporting House Bill 494 (an act relating to local regulation of alcoholic beverages). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye.: k. RESOLUTION NO. 021599 Resolution supporting passage of legislation to change the name of Corpus Christi State University to Texas A&M/Corpus Christi. The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Co.._.cil Meeting March 9, 1993 Page 17 The Council went into closed session pursuant to Article 6252-17, Sec. 2(e), V.A.C.S. regarding City v. Business Communications, Inc., et al, No. 90-1256-E, 28th District Court, Nueces County, Texas, and possible action thereon in open session approving settlement thereof. The Council returned from closed session, and Mayor Rhodes made a motion approving settlement of City of Corpus Christi v. Business Communications Consultants, Inc., et al, No. 90-1256-E, 28th District Court, by payment of $200,000 by the defendants to the City, seconded by Council Member Martin. Mayor Rhodes called for a vote on the motion and the motion passed unanimously (M93-087). Mayor Rhodes called for the City Manager's report. City Manager Garza discussed recent actions of the Texas Water Commission regarding the application by the Garwood Irrigation District concerning reclassification of water rights. A brief discussion ensued. Mayor Rhodes called for Council concerns and reports. Council Member Moss referred to the recent authorization of the Building Inspections' Automation Project. He then inquired whether staff had defined the individual work station computer equipment, and City Manager Garza replied that the final decision would be a Council consideration. Next, Council Member Moss referred to enforcement of the building codes in the City, and City Manager Garza commented on the recent Council directive regarding additional building inspectors in the City. Council Member Moss then suggested a revision to the Code which would decrease substandard housing. A discussion ensued concerning residential occupancy programs, and City Manager Garza stated that this suggestion would be examined. Next, Council Member Moss inquired about the status of the findings of the Street Design Standards Committee. Mr. Utter commented on the status and stated that recommendations would be forthcoming to the Council soon. Council Member Moss inquired about the previously discussed acquisition of a grand piano for the Convention Center. Mr. Utter discussed the difficulties encountered. A brief discussion developed. Lastly, Mr. Moss referred to a situation he recently witnessed regarding an emergency vehicle in the City, and inquired about regulations concerning these vehicles. City Manager Garza explained the regulations, and commented that he would investigate the matter. Council Member Martin commented unfavorably on residential occupancy programs. Further, Mr. Martin requested that the City Manager schedule a discussion on the Auditor's letter recently provided to the City Council on the next agenda. Council Member Galindo inquired whether members of boards were allowed to appear before other boards. City Attorney Bray replied that the Charter did not prohibit members of one board appearing before another board. Minutes Regular Co...cil Meeting March 9, 1993 Page 18 Council Member Slavik referred to a complaint she received regarding a resident covering their backyard with concrete, and requested an investigation of the matter. Next, Council Member Slavik inquired about the preparation time concerning the Auditor's Report presented to the Council, and City Manager Garza discussed the circumstances. Council Member McNichols commended Mr. Wayne R. Cockroft, Wastewater Superintendent, for the report provided to the Council concerning infiltration and inflow into the City's wastewater collection system. Dr. McNichols then commented on the high costs of the comprehensive sewer system study referred to in the report materials, and difficulties in correcting the infiltration and inflow problems in the City. City Manager Garza stated that a long-term solution would involve the use of better pipes. Responding to Council Member Martin, Mr. Garza stated that better pipe is presently being utilized in new projects in the City. Further deliberation ensued. Council Member Longoria commented on a public information meeting scheduled by the State for March 16, 1993, at the Tuloso-Midway High School. Council Member Martin inquired about present requirements for passage of items at the Council meetings, and requested that future agendas include the required votes for passage of the agenda items. Mayor Rhodes called for petitions from the audience. Mr. Phil Rosenstein expressed appreciation to the Council for correcting the problem at the Lindale Senior Citizen Center regarding the drop-off cover. Council Member Longoria referred to Mr. Rosenstein's concern about cable television services at the Hilltop Senior Citizen Center, and stated that staff was investigating the matter. Mr. Jose G. Gaytan, 6601 Hardwick, discussed problems in the community concerning runaway children, children skipping school, and disinterested school teachers. Mr. Ken Bourassa, partial owner of Boat House, discussed past circumstances regarding the Boat House, and requested that the Council authorize renewal of his business' permit for launching boats on the beach. A discussion ensued, and it was determined that the issue would be investigated further and information would be provided to the Council. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:55 p.m. on March 9, 1993.