Loading...
HomeMy WebLinkAboutMinutes City Council - 04/13/1993I 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 13, 1993, which were approved by the City Council on April 20, 1993. WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1993. SEAL Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 13, 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 April 6, 1993. Mayor Rhodes commented that Council Member Moss requested that his comments identifying Haeber Roofing Company as the roofing company performing the work at the Corpus Christi International Airport be included in the Minutes of April 6, 1993. Mayor Rhodes then proclaimed them approved as amended. Mayor Rhodes recognized and presented City pins to the German Exchange Students present at the day's meeting. Ms. Liselotte Vey expressed appreciation to King High School, the City, the Mayor, and the City Council Members for the courtesies extended to them. Ms. Vey discussed the International Education Exchange program and future plans of the exchange students. Minutes Regular Co. ail Meeting April 13, 1993 Page 2 Mayor Rhodes announced an unscheduled presentation at the day's meeting by Mr. George Hext, Director of Aviation, concerning the concept of a future intermodel transportation center in the community. Mr. Hext discussed the intermodel transportation center concept which was included in the Port/Airport/Violet Area Development Plan. He further displayed a map depicting the center and surrounding area. Mr. Hext next discussed the meetings in the community regarding the concept and applicability of the 1991 Intermodel Service Transportation Efficiency Act (ISTEA). Responding to Council Members Longoria and Slavik, Mr. Hext reviewed the benefits of further utilizing the City's Port area and expanding intermodel access to Mexico as well as other parts of Texas. Council Member Martin stated support of the concept and inquired about the support of local organizations. A brief discussion ensued regarding recent and future activities concerning the center. Council Member Martin then stressed the importance of a task force uniting local entities interested in the center and further developing the concept appropriately. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 7, and Council Members requested that Items 1, 2, 3, 4, and 6 be withheld for discussion. Mayor Rhodes announced that Item 7 would be withdrawn from the day's meeting. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 021631 Resolution naming Mercantile Bank, N.A. as successor escrow agent to First City, Texas - Corpus Christi, N.A. The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 7. WITHDRAWN 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. Pursuant to Item 1, motion approving a supply agreement for approximately 11,400 feet of ductile iron pipe, Council Member Galindo referred to the slight cost difference in the two lowest bids, and expressed concern that the local bidder was not selected. City Manager Garza explained the State law requiring the selection of the lowest bid. Minutes Regular COL _ it Meeting April 13, 1993 Page 3 Council Member Moss inquired whether the bid specifications stated that the City would accept the best bid based upon the City's particular needs. He further expressed concern that the Rohan Company (selected bidder) declined to extend the previous contract because it was unable to receive a pricing commitment from their manufactures when Purchasing contacted them; but they were able to obtain the commitment for the contract's rebid. Mr. Moss further pointed out that the selected low bidder was located 145 miles away from the City. Mr. Garza explained that the market could significantly change in the upcoming year and the contractor decided to compete for the new contract rather than extended the previous contract. Responding further, Mr. Garza stated that the agreement provided for delivery of the item when needed. Council Member Galindo inquired whether, under the circumstances, the City could choose the second lowest bid. City Manager Garza replied that both low bidders met the City's specifications. He further stated that, since the second low bidder did not provide additional benefits to the City other than the lower cost, the City was required to select the low bidder. Council Member McNichols requested that the staff reacquaint the Council with state guidelines governing purchases by municipalities. Pursuant to Item 2, motion authorizing Amendment No. 1 to the Contract for Engineering Services with Bath & Associates for Alternate Power Sources for the O.N. Stevens Wastewater Treatment Plant, Council Member Martin inquired whether this was a new mandate from the Texas Water Commission (TWC). He also inquired as to the date upon which the dual primary power supply from Central Power & Light Company (CP&L) (as an alternative power source) was deemed inadequate. Mayor Rhodes interrupted the discussion on Item 2 to recognize the first grade students from St. James Elementary School present at the day's council meeting. Returning to Item 2, Mr. Crull discussed the Texas Water Commission's definition of auxiliary electrical power. He stated that dual primary electrical service was considered as an auxiliary power source in areas which were not subject to large scale power outages resulting from natural disasters. He further stated that, since the City was subject to hurricanes, the utilization of the dual primary power supply was considered insufficient. Council Member Martin expressed concern about the costs of the auxiliary power sources, and suggested that the City and CP&L investigate opposing the new regulation. A brief discussion ensued about the brief power outage occurring in the City last year resulting in low water pressure in certain areas. Council Member Martin inquired whether the City's electric bills were based on a demand charge. Mr. Crull stated that the City's system was a combination calculation. A brief discussion ensued regarding this issue. Next, Council Member Martin suggested withdrawing the item from consideration until further information was available to the Council. Minutes Regular COL :i1 Meeting April 13, 1993 Page 4 Responding to Mayor Rhodes, City Manager Garza stressed the importance of the City to possess two power sources providing reliable service to the community. Mr. Garza further commented that the power outage occurring last year did not adequately validate the need for additional power sources in the City. Mr. Garza then commented that, in the event the item was not approved at the day's meeting, staff would contact the TWC and CP&L ascertaining appropriate future actions. Next, Mr. Crull responded to several questions posed by Mr. Martin regarding the TWC Rules and Regulations for Public Water Systems as applied to the City's particular circumstances. Then, Council Member Martin stressed the importance of providing a copy of the new TWC regulations to the Council and ascertaining whether the current system was adequate. Council Member Moss agreed with Council Member Martin, and inquired whether other coastal cities were subject to the new TWC regulations. He commented that the City's current system was acceptable to the Texas Department of Health when they were the regulatory agency, and expressed concern that the TWC, the new regulatory agency, did not determine the current system to be adequate. He suggested that staff contact the State Representatives on the issue. Further, Mr. Moss asked whether staff had contacted CP&L to determine if they could provide a backup generator at a cost less than the item presently before the Council, or could suggest alternatives. Mr. Crull commented on elevated storage tanks as a satisfactory alternative, but stated the cost would be higher than the present item. Council Member McNichols agreed with Mr. Martin concerning the council being provided with additional information and withdrawing the item at this time. Dr. McNichols further suggested that CP&L provide information on the power outage occurring last year. Council Member Slavik requested that staff provide the Council with information concerning the original contract cost and historical background concerning past power outages in the City during a hurricane. Council Member Galindo requested that staff provide the Council with a copy of the new TWC regulations, alternatives and costs, and costs and effects of the new TWC regulation on other cities. Responding to Council Member Martin, Mr. Crull discussed the results of the study performed by Bath & Associates on alternate power sources. He stated that he would provide the Council with information from the report. Mayor Rhodes announced that Item 2 was withdrawn from consideration at the day's meeting, until the additional information requested could be provided to the Council. Mayor Rhodes called for comments from the audience, and there were none. Pursuant to Item 3, motion concerning the design and construction of a new Zavala Senior Citizen's Center, Council Member Martin commented that he supported the center. Mr. Martin also inquired whether Item 3 should be considered by the Council after approval Minutes Regular Co. , it Meeting April 13, 1993 Page 5 of the Community Development Block Grant project funds, and City Manager Garza stated that approval of the item was appropriate at this time. Mayor Rhodes called for comments from the audience, and there were none. Pursuant to Item 4, motion approving supplemental funding for the administrative activities of the Corpus Christi Downtown Management District, Council Member Slavik stated that, since it was not originally intended to fund the district with City tax dollars, the City could loan the funds to the district assessing no interest charges. Mayor Rhodes stated that the City did not promise funds to the district, but did fund the Heart of Corpus Christi (HCC). She further stated that, since the two entities were merged, she felt the City should provide funds to the district to continue the administrative responsibilities of the HCC. City Manager Garza responded to several questions posed by Council Member Moss concerning City -owned property in the downtown area as related to the Downtown Management District. Further, Mr. Garza stressed the importance of the downtown area to the City's economy, and discussed the plans for the downtown property owners to initiate funding assessments. Mayor Rhodes stressed the importance of the downtown area to the community and stated that the City did not possess the funds needed to improve the area. Council Member McNichols agreed with Mayor Rhodes and commented favorably on the improvements in the downtown area. Council Member Slavik stated that she supported providing the supplemental funds and reiterated her suggestion to provide the funds to the district through a "no interest" loan. Council Members Galindo and Longoria stated support of the supplemental funding as presented in Item 4. Mayor Rhodes called for comments from the audience. Mr. Leon Perez, 904 Buford, commented unfavorably on the City providing the supplemental funds. Mr. R. F. Hasker. 1813 Wallace, commented unfavorably on the use of City funds for the Corpus Christi Downtown Management District, and suggested that the district obtain the necessary funds through an increase in their property taxes. Mr. Ron Hudson, 3556 Austin Street, commented that the supplemental funds would be utilized by the Corpus Christi Downtown Management District for salaries, and the district was originally planned to be self -supportive. Mr. Hudson also referred to the heading on the Corpus Christi Downtown Management District's letterhead. Minutes Regular Co, .;il Meeting April 13, 1993 Page 6 Mr. Joe O'Brien, 4130 Pompano, inquired as to who would be responsible for the debt of the Heart of Corpus Christi, and agreed with Council Member Slavik's suggestion concerning the loan. Mr. Chuck Thomasson, Chairman of the Corpus Christi Downtown Management District, stated that it was the understanding of the relative property owners that their tax funds would not be utilized for the continuing administrative activities, but would be utilized for tangible results in the downtown area. City Secretary Chapa polled the Council for their votes as follows: 1. M93-114 Motion approving a supply agreement for approximately 11,400 feet of ductile iron pipe, ranging in size from 4"-24" in accordance with Bid Invitation No. BI -0153-93 with The Rohan Co., San Antonio, Texas based on low bid for an estimated annual expenditure of $139,128. 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, and Slavik voting "Aye"; Moss voting "No." 2. WITHDRAWN Bath & Associates for Alternate Power Sourccs for the O.N. Steven Water Tr atmcnt Plant and Holly Road Reservoir Pump Station in the amount of $210,000. 3. M93-115 Motion authorizing a Contract for Architectural Services in the amount of $47,450 with Bright & Dykemas, Architects, to perform all architectural services related to the design and construction of a new Zavala Senior Citizen's Center to be located adjacent to the Joe Garza Recreation Center near Highland Boulevard and Osage Street. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 4. M93-116 Motion approving supplemental funding for the administrative activities of Corpus Christi Downtown Management District for the period March 1 through July 31, 1993, at the rate of $10,000 per month or a total of $50,000. Minutes Regular Coy. -il Meeting April 13, 1993 Page 7 The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Slavik voting "No." Pursuant to Item 6, ordinance closing and abandoning portions of certain streets within the Naval Air Station Clear Zones, Council Member Galindo inquired about the meaning of "attendant restrictions on development" referred to in the agenda material. Mr. Crull explained the conditions of the area and commented that this area was designated as clear zones and development was prohibited. He further stated that the Navy planned to fence the area upon closing the streets and alleys. Council Member Galindo referred to the four properties in the area not presently owned by the Navy. Mr. Crull explained the Navy's current proceedings to acquire title to these properties and subsequent actions thereafter. Council Member Slavik commented that the elimination of $12,000 to seal coat the streets one time was not sufficient payment to the City, and suggested that the Navy pay the fair market value price to the City. Mr. Crull explained additional cost avoidances by the City which exceeded the fair market value price. City Manager Garza commented that the request was initiated by the City, and discussed the benefits to the City not being responsible for the streets. Council Member Slavik expressed concern that the action would set a precedence, and City Manager Garza explained the unique nature of the situation and stated that the action would not set a precedence. Council Member Longoria inquired about the replatting fees, and Mr. Crull explained the fees the Navy would have to pay. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 021632 Ordinance closing and abandoning portions of the following streets within the Naval Air Station Clear Zones: Anchor Street, from the north line of northerly Hornet Street northward to dead-end at the Naval Base; Aviation Drive, from 166 feet north of Navy Drive northward to dead-end at the Naval Base; Military Drive, from approximately 100 L.F. north of Navy Drive northward to dead-end at the Naval Base; Hornet Drive from alley east of Anchor Street to alley west of Military Drive; Navy Drive from Military Drive to the alley west of Military Drive; the north -south alleys in or adjacent to Blocks 6, 7, 8, 10, 11, 15, 16, and 17, Naval Center Subdivision, and the east -west alley along the north boundary of the J.M. Webb and Naval Center Subdivisions adjacent to the existing U.S. Naval Air Station; Also closing, but retaining as a utility easement the following rights-of-way: Hornet Drive, from NAS Drive west to the alley between Blocks 1 and 4 and Blocks 2 and 3, J.M. Webb Subdivision; the alley between NAS Drive and Anchor Street from approximately the northerly line of Lot 6, Block 2, J.M. Webb Subdivision northward to dead-end at the Naval Base; Anchor Street, from approximately 425 L.F. north of Minutes Regular Co, .dl Meeting April 13, 1993 Page 8 Navy Drive northward to the south property line of Lot 9, Block 4, J.M. Webb Subdivision; Aviation Drive, from Navy Drive northward for a distance of 166 L.F. to the north property line of Lot 8, Block 10, Naval Center Subdivision; and Navy Drive, between Military Drive and the alley in Blocks 15 and 16, Naval Center Subdivision; approving as consideration of the fair market value the cost savings by no longer having maintenance responsibilities for these rights-of-way; replatting the property; and meeting specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Returning to Item 6, Council Member Martin inquired whether the closure and abandonment was subject to a public hearing, and Mr. Crull referred to the date the public hearing was held. Mayor Rhodes called for considerations from the Regular Agenda. Mayor Rhodes opened the discussion on Items 8 and 9, motion and ordinance executing leases with the Las Carabelas Columbus Fleet Association. Mr. Rick Stryker, Director of the Corpus Christi Museum of Science and History, commented that approval of Item 8 would formalize the proposal made by the City to Spain '92 concerning the initial berthing of the Los Barcos ships. Mayor Rhodes explained the necessity of the agreement. Responding to Council Member Galindo, Mr. Stryker discussed the purpose, goals, and members of the Las Carabelas Columbus Fleet Association. Responding further, Mr. Stryker discussed the financial obligations of the Association, and commented that the City would not have financial responsibilities towards the project. Council Member Galindo then moved to omit item number 24 in the attachment which states "the City's financial obligations are subject to annual appropriation" from the Support Services Agreement between the City and Las Carabelas Columbus Fleet Association. Mr. Garza stated that the venture would not be funded with public funds, and explained the in-house services provided by the City. Council Member Galindo withdrew his motion from consideration. Council Member Slavik inquired whether the Art Museum of South Texas agreed with the venture, and Mr. Stryker commented on their support. Council Member Slavik further inquired about the Board of Directors of the Las Carabelas Columbus Fleet Association, and City Manager Garza replied that a list of the members would be provided to the City Council. Responding further, Mr. Stryker stated that the Board did not presently have a budget and would be financed in the future by revenue from the ships. Next, Council Member Slavik referred to the maintenance costs of the ships and inquired whether these costs had been considered in the budget. Mrs. Slavik further inquired about the condition of the ships upon arrival to the City. Mr. Stryker replied that the maintenance costs had Minutes Regular CoL_.cil Meeting April 13, 1993 Page 9 been considered and that a survey of the condition of the ships would be performed prior to the City acquiring possession. Responding further, Mr. Stryker stated that the Association would be responsible for the transportation costs of the ships, and discussed future plans for the ships and the Seeds of Change exhibit. Council Member McNichols inquired about the insurance on the hulls of the ships, and City Attorney Bray explained the insurance coverage required in the lease agreement. Further, Dr. McNichols inquired whether berthing the ships out of the water had been considered, and Mr. Stryker replied that Spain '92 required the ships to remain seaworthy. Council Member Slavik inquired about future plans concerning parking on the Corpus Christi Beach. City Manager Garza discussed the meetings among the local entities to review immediate and future plans of the project. Mayor Rhodes called for comments from the audience. Mr. Harold Hoppenrath, 338 Clifford, commented unfavorably on the City expending funds associated with the ships. City Manager Garza commented that the project would be self-supporting and the City would assist in the planning stages. Council Member Galindo commented favorably on the development of a tourist market in the City. Mr. Leon Perez, 904 Buford, opposed the City acquiring the Spanish Columbus Ship replicas. City Secretary Chapa polled the Council for their votes as follows: 8. M93-117 Motion authorizing the City Manager to execute a five-year support services agreement on behalf of the City of Corpus Christi's Museum of Science and History with the Las Carabelas Columbus Fleet Association whereby the Association agrees to display and make available for public viewing and operate as a museum the Columbus ship replicas and the City agrees, subject to City Charter lease requirements, to provide a transitional site at the barge dock; the parties agree that a permanent site could be in the Corpus Christi Beach area between the Lexington and the Aquarium; the City agrees to provide through the Museum certain administrative services, office space, and cooperation in staging an annual festival; with related and incidental provisions as specified in said agreement on file with the City Secretary. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Minutes Regular CoL__.il Meeting April 13, 1993 Page 10 9. ORDINANCE NO. 021633 Ordinance authorizing the City Manager to execute a one-year lease agreement with the Las Carabelas Columbus Fleet Association commencing May 1, 1993, as set forth in Exhibit A. 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 opened the discussion on Item 10, resolution urging members of the Texas Water Commission to amend proposed regulations for municipal solid waste landfills to incorporate reasonable standards for clay liners. Mayor Rhodes called for comments and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. RESOLUTION NO. 021630 Resolution urging members of the Texas Water Commission to amend proposed regulations for municipal solid waste landfills to incorporate reasonable standards for clay liners. 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 11, consideration of resolutions and other actions deemed appropriate by the City Council, as to legislative issues before the 73rd Texas Legislature. City Manager Garza commented that there were no actions to report at this time. The Council went into closed session pursuant to Article 6252-17, Sec. 2(e), V.A.C.S., regarding the following: a. Abel Alonzo, et al v. City of Corpus Christi, et al, C.A. No. C-91-218, U.S. Dist. Ct., Southern Dist. of Texas, Corpus Christi Division. b. In the matter of the Executive Director's Preliminary Enforcement Report concerning the City of Corpus Christi; Permit No. 10401-04, before the Texas Water Commission; Executive Director's Petition for Order assessing administrative penalties and requiring certain actions of the City of Corpus Christi. (Order regarding wastewater collection system bypasses primarily in Brawner Parkway area.) Minutes Regular Cot. ail Meeting April 13, 1993 Page 11 The Council returned from closed session and Mayor Rhodes called for the City Manager's Report. City Manger Garza stated that he had no comments. Mayor Rhodes commended the Corpus Christi Latch Key Program and the Junior League of Corpus Christi for the awards recently received. Next, Mayor Rhodes commented unfavorably on unleashed dogs and property owners with a large number of dogs in the North Beach area. City Manager Garza stated that he would investigate the matter. Mayor Rhodes then commented that she was unable to attend the upcoming Conference of Mayors seminar, and inquired whether a Council Member would be interested in attending. Lastly, Mayor Rhodes referred to the complaints she received concerning the recent changes by the TCI Cablevision company. She then requested the City Manager to send a resolution to TCI urging that the television channel "CNN" be included in the basic service as before the change. Council Member Moss agreed with the Mayor's suggestion, and referred to a citizen letter to the Federal Communications Committee regarding the issue. Mr. Moss also discussed his communication with TCI Cablevision about the matter. Mayor Rhodes called for Council concerns and reports. Council Member Slavik inquired whether the City regulated the installation of the Omni Vision Satellite Rooftop antennas. She commented that these antennas could be hazardous during hurricane conditions. City Manager Garza stated that these antennas should conform to the City's Building Standards Code, and would provide information to Mrs. Slavik. Next, Council Member Slavik inquired about the status of the Frost Brothers Building in the downtown area. Mr. Tom Utter, Group Manager, Development Services, presented an update to the Council. Council Member Galindo referred to the catamaran launch situation on Corpus Christi Beach. He then discussed the significance of the area to the community, and suggested the creation of an advisory committee and/or recreational zoning to assist in the organization and development of the North Beach area. Council Member Slavik inquired whether the Water/Shore Advisory Committee or the City's Comprehensive Plan would be useful. Council Member Galindo stated that these did not properly address the circumstances. City Manager Garza reviewed the current regulations regarding improvements and development of the beach and land area at the Corpus Christi Beach. Further, Mr. Garza commented on planning for the large volume of tourists anticipated to visit the area in the summer months as well as other times of the year. He further discussed past efforts to identify proper development of the area. Mr. Garza next referred to the Catamaran launch referenced by Council Member Galindo and commented that this was a unique situation. Mr. Garza further stated that the owner and operator of the Boat House, Mr. Ken Bourassa, had been provided ample opportunities to meet the City's Building Code requirements. Minutes Regular Col_ _il Meeting April 13, 1993 Page 12 Council Member McNichols commented on a letter from the Oso Bay Association consisting of a list of priorities to be considered in the Flour Bluff Area Development plan. He provided the City Manager with a copy. Dr. McNichols also referred to correspondence from LULAC Council 1 concerning the recent selection of the Director of the Corpus Christi Housing Authority. Mayor Rhodes called for petitions from the audience. Mr. Pat Reid, New Orleans, Louisiana, commented on various areas in the City under investigation for development by a group of investors he represented. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:03 p.m. on April 13, 1993. * * * * * * * * * * * * *