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HomeMy WebLinkAboutMinutes City Council - 04/06/1993I 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 April 6, 1993, which were approved by the City Council on April 13, 1993. WITNESSETH MY HAND AND SEAL, this the 16th day of April, 1993. SEAL Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 6, 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 Council Member Galindo, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Slavik. 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 30, 1993, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes called for consideration of the ordinance canvassing the returns and declaring the results of the General Election conducted on April 3, 1993. Council Member Slavik requested that the returns of Precinct 65 be canvassed. The Council canvassed the returns for the positions of Mayor and Council Members and the Charter amendments. No discrepancies were noted. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Cot .11 Meeting April 6, 1993 Page 2 Council Member Moss reviewed the final votes of the Council Member at Large positions from the April 3, 1993 election and stated that he wanted the record to reflect that Martin received 50%, Moss 44%, and Best 42% of the total vote. City Secretary Chapa polled the Council for their votes as follows: 1. ORDINANCE NO. 0216241/2 Ordinance canvassing the returns and declaring the results of the General Election conducted on April 3, 1993. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Item 2, swearing in and seating of new Council Members if a Runoff Election is not necessary, was withdrawn from consideration at the day's meeting. (Since a Runoff Election will be held on April 17, 1993, the swearing in and seating of the new Council Members will occur at the April 20, 1993 Council Meeting.) 2. WITHDRAWN Swearing in and seating of new Council Members if a Runoff Election is not Mayor Rhodes referred to Item 3, ordinance calling a Runoff Election for April 17, 1993. Mayor Rhodes called for comments from the Council or audience, and there were no comments. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 021625 Ordinance calling a Runoff Election for April 17, 1993. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye? Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4 through 11, and Council Members requested that Item 7 be withheld for discussion. Mayor Rhodes announced that Item 5 was withdrawn from consideration at the day's meeting. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Cot April 6, 1993 Page 3 it Meeting 4. M93-111 Motion approving a supply agreement for approximately 4,104 gallons of liquid lime dispersant in accordance with Bid Invitation No. BI -0114-93 with Western Water Management, Inc., North Kansas City, Missouri based on the low of $24,131.52. The term of 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 Department. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 5. WITHDRAWN Motion approving a supply agreement for water treatment service for water cooled accordance with Bid Invitation No. BI 0139 93 with United Worth Hydrochcm Corp., Corpus Christi, Texas, based on thc low bid of $16,059.84. The term of the contract will be twelve months with an option to extend for two (2) additional twelve month periods subject to thc approval of the supplier and the City Manager, or his designee. Funds have been budgeted by the using departments in FY 92 93. 6. M93-112 Motion approving the application by the Buccaneer Commission, Inc. to temporarily close Chaparral between Resaca and Fitzgerald Streets to conduct the Multi -Cultural & Arts Festival on April 24-25, 1993. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 8. ORDINANCE NO. 021627 Ordinance closing and abandoning a 10 -foot wide by 149.12 -foot long utility easement within Lot 22R along the common north boundary with Lot 29R, Block B, Lexington Plaza; subject to compliance with the specified conditions and the applicant replatting the property, within 180 days, at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 9. SECOND READING ORDINANCE Amending the Zoning Ordinance by amending Article 28A - "HC" Historical -Cultural Landmark Preservation, by deleting said article in its entirety and substituting therefore a new Article 28A. Minutes Regular Cot. ,il Meeting April 6, 1993 Page 4 The foregoing ordinance passed on second reading by the following vote: Rhodes, Longoria, Martin, Moss, and Slavik voting "Aye"; Galindo and McNichols voting "No." 10. ORDINANCE NO. 021628 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 third reading by the following vote: Rhodes, Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye;" Martin abstaining. 11. ORDINANCE NO. 021629 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. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 7, resolution authorizing the City Manager to execute Amendment No. 1 to the contract for Consultant Services with The Nyfeler Organization, Inc., for the Roof Replacement Project at the Corpus Christi International Airport, increasing the fee for Construction Phase Services by $66,000. Council Member Martin inquired about the application and specific costs of the proposed amendment and time extension. Mr. Carl Crull, Director of Engineering, elaborated. Council Member Martin expressed concern that the item was not returned to the Council when the problem was first perceived. City Manager Garza agreed. Mr. Martin also inquired whether the City had considered activating the default provisions in the contract. Responding to Council Member Galindo, City Manager Garza commented on the problems encountered with the original roof installation, and problems in the current project. Mr. Garza next stated that the current project was near completion and suggested approval of the item. Council Member Galindo inquired as to other options available. Mr. Crull discussed the work remaining in the project. Further, Mr. Crull discussed the provisions of the consultant contract and commented that the objectives had been properly fulfilled. Council Member Slavik referred to her previous inquiries about the project and expressed concern about the additional expenses to the City resulting from the contractor's delay. She suggested that the contractor be responsible for the consultant's additional fee. Further, Mrs. Slavik suggested that the City exercise caution in the future concerning this Minutes Regular Cot. Al Meeting April 6, 1993 Page 5 particular contractor. Responding to Mrs. Slavik, City Manager Garza explained the project's original bond and settlement funds. Council Member McNichols suggested that similar problems be presented to the Council at an earlier date in the future. Mr. Crull responded to several inquiries from Council Member Longoria regarding the responsibilities of the contractor, the consulting firm, and the City. Council Member Moss inquired about the project's original completion date and requested extension. Mr. Crull explained. Mayor Rhodes called for comments from the audience, and there were no comments. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 021626 Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for Consultant Services with The Nyfeler Organization, Inc. for the Roof Replacement Project at the Corpus Christi International Airport, increasing the fee for Construction Phase Services by $66,000. The foregoing resolution passed by the following vote: Rhodes, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; Galindo voting "No." Mayor Rhodes called for considerations from the Regular Agenda. Mayor Rhodes opened the discussion on Item 12, motion authorizing the appointment of an ad hoc Peer Panel to review applications for the FY 1993-94 performing arts subgrant program. Mayor Rhodes called for comments, and there were no comments. City Secretary Chapa polled the Council for their votes as follows: 12. M93-113 Motion authorizing the appointment of an ad hoc Peer Panel, consisting of arts specialists, to review applications for the FY 1993-94 performing arts subgrant program. 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 13, consideration of resolutions and other actions deemed appropriate by the City Council, as to legislative issues before the Minutes Regular Cot. ,il Meeting April 6, 1993 Page 6 73rd Texas Legislature. City Manager Garza provided an update on House Bill 467, fines pertaining to pipelines. * * * * * * * * * * * * * Mayor Rhodes recessed the Regular Council Meeting for the meeting of the Corpus Christi Community Improvement Corporation. Mayor Rhodes reconvened the Regular Council Meeting. Mayor Rhodes called for the City Manager's report, and City Manager Garza stated that he had no report. Mayor Rhodes discussed complaints she received regarding hub cap and license plate thefts in the community. She referred a letter from an out-of-town visitor on this subject to City Manager Garza. Next, Mayor Rhodes commented that the local pipeline ordinance was being finalized by the Local Emergency Planning Committee (LEPC) and would be presented to the Council soon. Next, Mayor Rhodes discussed several long-standing complaints previously reported to the City's Community Development Department, and referred two recent complaints to the City Manager. A discussion developed regarding the current system for processing complaints of this nature. Mayor Rhodes requested an examination of the process. Mayor Rhodes called for Council concerns and reports. Council Member Martin suggested that the early voting for the current runoff election be held specifically in Districts 2 and 3. City Secretary Chapa commented that the locations selected were as near to the related districts as possible (City Hall, Greenwood Senior Citizens Center, C. C. Area Council for the Deaf, and the Nueces County Courthouse). He stated that the C. C. Area Council for the Deaf was located in close proximity to District 3. Next, Mr. Martin inquired about the effective and open enrollment dates concerning the retirees' medical insurance. City Manager Garza replied that the effective date was April of 1993 and that the retiree's open enrollment could be consolidated with the upcoming general open enrollment. Next, Council Member Martin inquired whether the City Manager had received a copy of the letter from Acordia, and requested that the Council be furnished with a copy of the response as well responses to other items in the future. City Manager Garza concurred with this suggestion. Council Member Martin requested that the current and new Council Members be provided with information on the City's pending issues. Mayor Rhodes commented that the Runoff Election would be held on April 17, 1993, and that the swearing-in and seating of the new Council would occur on April 20, 1993. Mayor Rhodes suggested that these procedures be performed the morning of April 20, 1993, Minutes Regular Cot, _ .AI Meeting April 6, 1993 Page 7 and that the Council proceed with the regularly scheduled Council Meeting at 2:00 p.m. Mayor Rhodes also suggested that workshops on current Council concerns be scheduled to apprise the new Council Members of pending items. Responding to Mayor Rhodes', City Secretary Chapa stated that the public hearing and adoption of the FY 1993 Community Development Block Grant (CDBG) program was scheduled for May 4, 1993 at 6:00 p.m. in the Council Chamber. Council Member Slavik referred to a new complaint she received concerning a Flour Bluff location previously cited for accumulation and storage of debris, and requested an examination. She stated that the initial complaint was resolved, but a new problem had surfaced. Mrs. Slavik referred to the low voter turn -out for the April 3, 1993 election. She inquired whether the election could be held on a weekday instead of a Saturday. City Secretary Chapa explained the current State law regulating election dates, and commented that the law required the elections to be held on Saturdays, except in November of odd years. A brief discussion developed concerning the numerous voting opportunities provided to the public during the current election. Council Member Moss agreed with Council Member Martin's comments about the need to provide upcoming agenda items to the Council, and inquired about the City Manager's Report which was previously included in the Agenda material. City Manager Garza replied that this report would be provided in the future. Further, Mr. Moss requested a current copy of the City's organizational chart. Council Member Longoria requested staff to investigate a complaint she received regarding illegal dumping in the Annaville area. Further, Mrs. Longoria referred to rubbish discarded at vacant rental property. City Manager Garza replied that this was the responsibility of the property owners, and discussed the difficulties involved. He also stated that this process was currently under investigation. Responding to Council Member Slavik, Mr. Utter discussed the State's surcharge on discarded tires. Mr. Utter also reviewed the pick up procedures by the City's Solid Waste Services concerning discarded material at rental property sites. Mayor Rhodes called for petitions from the audience, and there were no comments. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 3:10 p.m. on April 6, 1993. * * * * * * * * * * * * *