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.