HomeMy WebLinkAboutMinutes City Council - 05/25/1993I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes
of the City Council Meeting of the City of Corpus Christi of May 25, 1993, which were
approved by the City Council on June 1, 1993.
WITNESSETH MY HAND AND SEAL, this the llth day of June, 1993.
SEAL
11 Armando Chapa
City Secretary
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 25, 1993
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Betty Jean Longoria
Council Members:
Jack Best
Melody Cooper
Cezar Galindo
Dr. David McNichols
Edward Martin
Clif Moss
David Noyola
City Manager Juan Garza
City Attorney James R. Bray, Jr.
Assistant City Secretary Saundra K.
Koenning
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 Galindo.
Assistant City Secretary Koenning 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 May 18, 1993, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes deviated from the agenda and called for the presentations by the
Truancy Reduction Impact Program (TRIP) and the Chamber's Military Affairs Committee.
Ms. Linda Bridges, American Federation of Teachers, gave a statistical update on the
success of the Truancy Reduction Impact Program. Ms. Bridges also discussed the
procedures and goals of the program, and expressed appreciation to the City for their
involvement in the program. Lastly, Ms. Bridges acknowledged the steering committee
members present at the day's meeting.
Mayor Rhodes introduced Mr. Loyd Neal, Chairman of the South Texas Joint
Military Task Force. Mr. Neal discussed the Base Closure 1995 list which includes the
Naval Station Ingleside, the Navy Hospital, and NAS Corpus Christi. Mr. Neal referred to
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Regular Co. Al Meeting
May 25, 1993
Page 2
the upcoming Base Closure Commission review hearing at the Bayfront Plaza Convention
Center on June 6, 1993. Mr. Neal stressed the importance of community support at this
hearing and requested attendance of the Mayor, Council Members, and citizens. Lastly,
Mr. Neal referred to the documents distributed to the Council outlining the estimated
additional expenses associated with the response to the base closure threat and the private
sector support pledges. He then requested contingency funds of $100,000 from the City to
assist in the task force's campaign, and stated that the funds would not be spent unless
necessary.
Responding to inquiries, Mr. Neal replied that a detailed budget would be provided
to all interested parties. He also reviewed the planned presentation for the June 6, 1993
hearing.
Council Member Galindo inquired whether Susan Cable, Director of
Communications and Quality Management, could help in the campaign. Mr. Neal replied
that the task force would appreciate the assistance.
Council Member Cooper requested the names and addresses of people to contact
concerning the Base Closure 1995 list. Mr. Neal replied that he would provide this list.
A brief discussion developed and City Manager Garza suggested that the resolution
be amended to include that the City of Corpus Christi pledge $100,000 in further evidence
of the City's support for the continuation of the naval operations in this area. Council
Member Galindo then moved to include this language in the resolution, seconded by
Council Member Noyola.
A brief discussion ensued, and several Council Members stressed the importance of
the efforts of the Task Force and pronounced support.
Council Member Martin commented on the importance of the decision of the Base
Closure Commission, commended U. S. Representatives Solomon Ortiz and Kika de la
Garza, and stated his support of the request for City funding.
Mayor Rhodes called for a voice vote on the motion, and the motion passed
unanimously.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
ib. RESOLUTION NO, 021663
Resolution supporting Corpus Christi Area Defense Facilities.
The foregoing resolution passed as amended by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
Minutes
Regular Co. .;i1 Meeting
May 25, 1993
Page 3
Mayor Rhodes referred to the Board & Committee appointments and the following
appointees were made by the Council.
Animal Control Advisory Committee
Mary V. Penuel (Reappointed)
Shirley Justus
Coastal Bend Health Facilities Development Corporation
Derek Wittliff
Landmark Commission
Charles Speed
Museum of Science and History
Deborah Kobelan
Senior Community Services Advisory Committee
Gloria E. Garza
Senior Companion Program Advisory Committee
Elida Gonzalez
Sister City Committee
Joe Garcia
Sam Polk
Mark Johnstone
Transportation Advisory Committee
Robert Beggs
Watershore Advisory Committee
Quenten Cook
Vic Menard
Randy Thompson (Engineer)
Pat Suter (Environmentalist)
Minutes
Regular Coy,__ it Meeting
May 25, 1993
Page 4
* * * * * * * * * * * *
Mayor Rhodes announced the presentation of the FY 93-94 Budget.
A brief discussion ensued concerning the next budget workshop, and it was
determined that it would follow the Regular Council Meeting which would be rescheduled
to begin at 12:00 noon on Tuesday, June 15, 1993, in the Council Chamber. Council
Member Martin requested that the information for the budget meeting be provided to the
Council prior to the meeting.
City Manager Garza explained the format of the Recommended Operating Budget
previously presented to the Council. He stated that a fund summary was provided at the
beginning of each fund, followed by a more detailed listing of all revenues and departmental
expenditures. He next stated that a two-year history consisting of a comparison of the prior
year and current year was included, followed by a short narrative listing significant budget
changes, unmet needs, and other items of interest.
Responding to Council Member McNichols, City Manager Garza stated that an
analysis of the major revenue sources would be forthcoming. Responding further,
Mr. Garza commented that none or very little growth in next year's tax base was anticipated.
Council Member Best inquired about budget entitlements, and Mr. Garza discussed
the City's garbage collection and public safety issues. He stated that the public safety
section of the budget entailed approximately 49 percent, and he would provide further
information on other entitlements. Council Member Best then referred to the $100,000
pledged to the Chamber's Military Affairs Committee at the day's meeting, and City Manger
Garza replied that the funding was anticipated and included in the General Fund. Council
Member Moss pointed out that the City was underwriting the $100,000.
Mr. Garza then discussed the charts depicting the summary of expenditures and
summary of net appropriations. He discussed the various funds experiencing significant
changes as compared to prior years.
Council Member Moss inquired about the rolling stock vehicle replacements, and
City Manager Garza discussed leasing as compared to purchasing. Further, Council
Member Moss inquired about including the reduction in the City's health insurance, and
Mr. Garza discussed the proposed monthly reviews of the City's insurance utilization which
could produce variations.
Council Member Moss inquired about the special revenue funds, and City Manager
Garza replied that the intergovernmental funds consisted of grants. Mr. Moss pointed out
that the elimination of the $11,892,385 would reduce the overall projected amount to
$209,215,839.
Mr. Garza then discussed major priorities included in the budget. He stated that
these priorities include public safety, water and wastewater issues, and funding of the
General Obligation Debt Service Fund. He then discussed the declining interest earnings
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Regular Ca. _ail Meeting
May 25, 1993
Page 5
previously funding the General Debt Service Fund, and the proposals to increase the tax
rate by approximately three percent and transfer of additional amounts of property taxes
previously allocated to the General Fund to the General Debt Service Fund.
Next, City Manager Garza discussed his proposal to provide a three percent wage
increase for all City employees at a Grade 11 or below.
Further, Mr. Garza reviewed the budget proposal involving public safety. He stated
that the proposal included an addition of eight data entry clerks, two dispatchers, and thirty
automobiles to the Police Department; one clerk to handle arraignments at the County Jail;
an Administrative Assistant in Municipal Court; and replacement of one fire pumper and
two fire cars.
Mr. Garza then referred to the proposal to fund either a pay-as-you-go Capital
Improvement Program or an annual payment on new revenue debt through a six percent
increase in utility rates. Council Member Moss pointed out that funds from the sale of the
City's natural gas distribution system could eliminate the six percent rate increase and was
an option which should be considered during the budget presentations.
Next, Mr. Garza discussed the budget proposals for garbage trucks, one brush loader,
and several pieces of landfill equipment through landfill fee increases. Council Member
Best pointed out that equipment maintenance was eliminated through leasing. City
Manager Garza stated that, after examination of police vehicle leasing, leasing was not as
advantageous as initially expected.
Council Member Longoria inquired whether the proposed garbage truck equipment
would allow for future automation. City Manager Garza replied in the affirmative and
explained. Responding further, Mr. Garza referred to the once -a -week garbage pickup
program proposed in the City of Austin. He stated that this program would be closely
observed by the City.
Council Member Galindo inquired about the amount of funds generated from the
landfill tipping fee increase, and Mr. Garza explained.
Next, Mr. Garza discussed the new landfill regulations, possible expansion of the Fire
Department staffing, and opening of a new fire station in the southern part of the City.
Council Member Martin referred to the length of time since the location of the fire station
was originally determined and requested a reevaluation of the site.
Mayor Rhodes called for a five-minute recess.
i i i i i i Y■ i* i i i
Mayor Rhodes reconvened the Regular Council Meeting and called for consideration
of items from the Regular Agenda.
Minutes
Regular Co, Al Meeting
May 25, 1993
Page 6
Mayor Rhodes opened the discussion on Item 3, amending the Code of Ordinances,
Section 23-74, Smoking Prohibitions.
Mr. Bill Hennings, Group Manager, Public Works/Utilities, reviewed the
development of the proposed smoking ordinance. He stated that staff had incorporated the
recommendations of the Food Service Advisory Committee and the Health Advisory Board.
He stated that the recommendations included amending the ordinance to require a
minimum of 50 percent non-smoking seating in restaurants and additional requirements for
larger restaurants to prohibit smoke into the non-smoking portions. He further stated that
the Board also recommended that the prohibition of smoking in City Hall be included in
the ordinance, along with a clarification that smoking may be prohibited entirely by the
manager or person in charge of any enclosed public facility.
Council Member Galindo inquired whether the smoking ban at City Hall could be
presented as a separate item. Mr. Hennings replied that the City Manager had the authority
to prohibit smoking in City Hall and had done so. Council Member Galindo inquired as
to the number of members on the Food Service Advisory Committee representing the
restaurant industry. Dr. Nina Sisley, Director of Public Health, replied that the committee
consisted of seven members in which four members represented the restaurant industry. She
further commented that the proposed changes had been agreed upon by the restaurant
association.
Council Member Best commented that he supported the prohibition of smoking in
City Hall and other public facilities and also the proposed designation by managers or
persons in charge of these facilities. He then stated that he did not support the regulation
of smoking in private restaurants. He stated that the decision to permit smoking in private
facilities should be up to the individual owners and that he would not support the ordinance
as proposed at the day's meeting.
Council Member Noyola expressed concern about the cost to restaurant owners to
comply with the new regulations. Next, Mr. Noyola inquired how the new regulations would
apply to the Memorial Coliseum. Mr. Hennings replied that the new regulations would not
affect the coliseum which was governed by the 1986 regulations. Council Member Martin
stated that it was his understanding that the manager of the coliseum could ban smoking
through the proposed ordinance. Mr. Hennings stated that it was not the intent of the
ordinance to prohibit smoking at the coliseum or the convention center.
Council Member Cooper commented that she had served on the Food Service
Advisory Committee and felt the ordinance was fair to both sides.
Council Member McNichols stated that secondary smoke was a health hazard and
that the Council should protect citizens not wishing to be exposed to secondary smoke. He
stated that the ordinance was a step in the right direction toward the ultimate goal of
eliminating smoking in all public places.
Minutes
Regular CoL Al Meeting
May 25, 1993
Page 7
Council Member Galindo inquired whether a restaurant owner could presently
initiate a total smoking ban in his facility. City Attorney Bray replied in the affirmative, and
discussed the application of the current and proposed ordinance.
Council Member Martin expressed concern that the proposed language would allow
persons in charge of any enclosed public facility to set the policy on smoking. He stated
that he would support prohibiting smoking on an individual facility basis, but not as a whole.
Council Member Martin inquired about the language "or in direct proportion to the number
of customers requesting non-smoking seating," and City Attorney Bray explained. Next,
Mr. Martin inquired about prohibiting smoking in restrooms and waiting areas.
Mr. Hennings stated that the proposed ordinance requires that the no smoking areas be kept
clear of smoke. Mr. Martin stated that the smoking prohibition in restrooms and waiting
areas could be enforced at this time, and that the physical separation applied to only new
or remodeled restaurants. Mr. Martin then referred to potential regulations requiring
separate air conditioning units in facilities to prevent smoke from entering the non-smoking
areas in new or remodeled facilities. Mr. Hennings elaborated.
Council Member Longoria expressed concern that the ordinance banned smoking in
some areas and not other areas. Dr. Sisley commented that the current ordinance banned
smoking from some places and not all, and the proposed ordinance provided the option to
allow or disallow smoking. She further stated that the smoking ordinances of other major
Texas cities had been examined to develop the ordinance prior to presentation at the day's
meeting.
Council Member McNichols commented that the health effects of secondary smoke
were more important than the economic effects, and encouraged the Council to support the
ordinance.
Mayor Rhodes called for comments from the audience.
Mr. Shelby Love, 4142 Montego, encouraged the Council to completely ban smoking
in all restaurants in the City.
Mr. Phil Rosenstein, 949 Bobalo, opposed smoking in restaurants.
Mr. Leon Perez, 904 Buford, stated his opposition to smoking and discussed the
difficulties of imposing a smoking ban in restaurants.
Mr. Trian Serbu, 14310 Playa Del Rey, commented that he felt restaurants would
respond favorably to the demands of the public and that he especially did not approve of
the discrimination between smoking regulations in old and new restaurants.
Assistant City Secretary Koenning polled the Council for their votes as follows:
Minutes
Regular CoL .1 Meeting
May 25, 1993
Page 8
3. FAILED TO PASS
restaurants scating 50 or more.
The foregoing ordinance failed on first reading by the following vote: Rhodes,
Cooper, Longoria, and McNichols voting "Aye"; Best, Galindo, Martin, Moss, and
Noyola voting "No."
Mayor Rhodes moved to instruct the staff to return an ordinance prohibiting smoking
in all restaurants in the City, seconded by Council Member McNichols. Mayor Rhodes
called for a hand vote on the motion and the motion passed.
Council Member Martin suggested that the different items in the ordinance be
brought back to the Council separately. Mayor Rhodes stated that the items would also
require the Food Services Advisory Committee and the Health Advisory Board to reexamine
any change prior to return.
Mayor Rhodes opened the discussion on Item 4, resolution acknowledging review and
approval of the 1992 Municipal Water Pollution Prevention Environmental Audit Reports.
City Manager Garza referred to the audit reports previously provided to the Council
for review.
Council Member Martin referred to the recent rainfall in the City and inquired about
the effects on the City's wastewater system. Mr. Hennings stated that some wastewater lines
overflowed and that staff would provide the Council with a complete report as soon as
possible. Mr. Wayne Cockroft, Wastewater Superintendent, discussed the overflow problems
in the City in relationship to the federal regulations. Council Member Martin referred to
the Brawner Parkway issue and City Manager Garza stated that the order was not currently
finalized.
Mr. Bill Hennings, through the use of charts, gave an overview of the EPA audit
process and summarized the audit results of the City's wastewater treatment plants. He
further discussed the overall system results. He recommended that the Council approve the
resolution.
Council Member Moss inquired about the proposed techniques to check the sewer
system inflows. Mr. Cockroft stated that flow meters, smoke and dye testing, and visual
inspection could be used.
Council Member Cooper inquired about the maintenance program of the wastewater
collection system. Mr. Cockroft elaborated.
Mayor Rhodes called for comments from the audience, and there were none.
Minutes
Regular Co, _cil Meeting
May 25, 1993
Page 9
Assistant City Secretary Koenning polled the Council for their votes as follows:
4. RESOLUTION NO, 021654
Resolution acknowledging review and approval of the 1992 Municipal Water
Pollution Prevention Environmental Audit Reports for six Corpus Christi Wastewater
Treatment Plants.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Longoria, McNichols, and Moss voting "Aye"; Galindo, Martin, and Noyola absent.
Mayor Rhodes opened the discussion on Item 5, a contract for temporary custodial
services for the Convention Center and Coliseum.
Council Member Martin inquired about other activities in the City, such as the
municipal golf courses, subject to the same Internal Revenue Service regulations.
Mr. Tom Utter, Group Manager, Development Services, replied that the employees at the
municipal golf courses were now City employees. Council Member Martin then inquired
whether the temporary custodial services employees would be covered by worker's
compensation insurance, and City Attorney Bray replied in the affirmative.
Council Member Galindo expressed concern that permanent personnel would be
replaced by temporary, and inquired whether there would be a cost reduction to the City.
City Manager Garza stated that there would not be a cost reduction and that the change
complied with the regulations of the Internal Revenue Service. Responding further,
Mr. Utter compared the salaries and benefits of contract employees to permanent
employees.
Council Member McNichols expressed concern about the effects on the current
independent contractors. Mr. Utter replied that it was his understanding these contractors
would be employed by INTERIM management personnel.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
5. M93-154
Motion approving a contract for temporary custodial services for the Convention
Center and Coliseum, in accordance with Bid Invitation No. BI -0159-93, consisting
of approximately 25,000 hours, with Interim Personnel, Corpus Christi, Texas for the
estimated annual amount of $149,500 based on low bid. The term of the contract
will be for twelve months with an option to extend for up to twelve additional months
subject to the approval of the contractor and the City Manager, or his designee.
Funding is provided in FY 92-93.
Minutes
Regular CoL__zil Meeting
May 25, 1993
Page 10
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
Mayor Rhodes opened the discussion on Item 6, motion authorizing the City
Manager to purchase Group Health plan re -insurance and Group Term Life coverages.
City Manager Garza reviewed the development of the proposal. Mr. Garza explained
that the proposal of Acordia had been determined nonresponsive because their proposal
required the City to accept their re -insurance, personal third party administrative services,
and their group health insurance program. Mr. Garza discussed the costs and recommended
approval of the contract with The Insurance Company of North America (INA).
Responding to Mayor Rhodes, City Attorney Bray stated that she and Council
Member McNichols could participate in the discussion and vote concerning this item.
Council Member McNichols inquired about the urgency of the matter, and City
Manager Garza stated that coverage was necessary for June 1, 1993.
Mayor Rhodes called for comments from the audience.
Mr. Kenneth Berry, 3105 Fair Oaks, stated that Acordia and Memorial Medical
Center were synonymous. He reviewed Acordia's bids and discussed his inquiries about the
utilization of a third party administrator. He also reviewed the savings to the City in the
Acordia's re -insurance program. He further stated that MMC was a tax supported hospital
district which could provide savings to the hospital district and therefore lower the hospital
tax burden on the citizens in the community. He stated that staff offered to allow MMC to
provide services to the City employees as during the past year, and that he accepted the
offer on behalf of MMC. He stated that MMC would provide the services on a
reimbursable basis identical to the LSA/SPHO. Next, he stated that MMC was
guaranteeing a potential savings of approximately $600,000 and an absolute savings of
$200,000.
City Manager Garza stated that the physician rates submitted by the LSA/SPHO
were lower than the rates submitted by Acordia. He then discussed MMC's refusal to
disclose the hospital rates upon request by the City and other associated problems.
Responding to Council Member McNichols, City Attorney Bray explained the bid
specifications which stated that the City's third party administrator was Lone Star
Administrators.
Council Member Martin stated that the Council had previously decided upon the
City's group health insurance program provider. He stated the decision presently before the
Council concerned term life insurance and re -insurance for the medical program.
Mr. Martin inquired whether these two items required the use a third party administrator,
and City Manager Garza replied that they did not. In response to Mr. Martin's next inquiry,
Mr. Bray stated that Acordia specifically stated their insurance coverages and rates provided
Minutes
Regular CoL_.eil Meeting
May 25, 1993
Page 11
were subject to Acordia Southwest Administrator administering the plans with First Choice
Health Network as the preferred provider network.
Next, Mr. Berry responded to several inquiries from Council Member Martin
concerning the Acordia proposal.
Council Member Martin referred to the previous events and stated that he was not
opposed to revisiting the issue. Then, Mr. Martin inquired whether City Manager Garza
was confident that the staffs proposal was the best possible arrangement. City Manager
Garza replied in the affirmative.
Dr. Gerald Boynton, President of Thomas -Spann Clinic, referred to the health care
previously provided to City employees by Thomas -Spann, and expressed concern about the
change of physicians which would be experienced by City employees. He then stated that
Thomas -Spann did not wish to participate in the LSA/SPHO program and requested that
the issue be revisited.
City Attorney Bray stated that the City had entered into a contract with LSA/SPHO
for the group health insurance program. Responding to Council Member Galindo, City
Attorney Bray explained the term and renewal options in the contract.
Assistant City Secretary Koenning polled the Council for their votes as follows:
6. M93-155
Motion authorizing the City Manager or his designee to purchase Group Health plan
re -insurance and Group Term Life coverages in accordance with Bid Invitation No.
BI -0213-93.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, and Martin voting "Aye"; McNichols and Moss voting "No"; Noyola absent.
Mayor Rhodes announced the public hearing on the following zoning case:
7. Case No. 493-2. Manuel Z. Trevino: A change of zoning from 'R -1B" One -family
Dwelling District with a "SP" Special Permit to "AB" Professional Office District on
the southwest corner of McArdle Road and Woodlawn Drive.
Mayor Rhodes stated that both the Planning Commission and staff recommend denial
of the "AB" District, and in lieu thereof, approval of an "A -1A" Apartment House District.
Mayor Rhodes inquired whether the applicant was in agreement, and Mr. Utter
replied in the affirmative.
Mayor Rhodes called for comments from the audience and there were none.
No one opposed the zoning request.
Minutes
Regular Co _ail Meeting
May 25, 1993
Page 12
Council Member Best moved to close the public hearing; seconded by Council
Member Martin, and passed unanimously.
Assistant City Secretary Koenning polled the Council as follows:
7. ORDINANCE NO. 021655
Ordinance amending the Zoning Ordinance upon application by Manuel Z. Trevino
by changing the Zoning Map in reference to Block 3, Lot 1, Woodlawn Estates, from
"R -1B" One -family Dwelling District with a "SP" Special Permit to "A -1A" Apartment
House District.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
Mayor Rhodes announced the public hearing on the following zoning case:
8. Case No. 493-3. The Junior League of Corpus Christi: A change of zoning from "A-
2" Apartment House District and "B-4" General Business District to "B-5" Primary
Business District on all of Lot K, Blucher Arroyo Tract, part of C.F.H. von Blucher
Home Tract, part of the original Felix A. Blucher eight -acre tract, all of the Julia A.
von Blucher home tract, and part of the C.F.H. von Blucher and George Blucher
Arroyo Tracts, located on the west side of North Carrizo Street, approximately 80
feet south of Blucher Street.
Mayor Rhodes stated that both the Planning Commission and staff recommend
approval of the application.
No one opposed the zoning change.
Council Member Best moved to close the public hearing; seconded by Council
Member Longoria, and passed unanimously.
Assistant City Secretary Koenning polled the Council for their votes as follows:
8. ORDINANCE NO. 021656
Ordinance amending the Zoning Ordinance upon application by The Junior League
of Corpus Christi by changing the Zoning Map in reference to all of Lot K, Blucher
Arroyo Tract, part of C.F.H. von Blucher Home Tract, part of the original Felix A.
Blucher eight -acre tract, all of the Julia A. von Blucher home tract, and part of the
C.F.H. von Blucher and George Blucher Arroyo Tracts from "A-2" Apartment House
District and "B-4" General Business District to "B-5" Primary Business District.
Minutes
Regular Co .;il Meeting
May 25, 1993
Page 13
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
s
s
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 9 through 23, and Council Members
requested that Items 10, 11, 13, 14, 16, and 19 be withheld for discussion.
Assistant City Secretary Koenning polled the Council for their votes and the following
were passed:
9. M93-156
Motion approving a supply agreement for approximately 25,000 tons of hot mix
asphalt in accordance with Bid Invitation No. BI -0188-93 with Bay, Inc., Corpus
Christi, Texas based on low bid for an estimated annual total of $559,750.00. The
term of the contract will be twelve months with option to extend for up to an
additional twelve months subject to the approval of the supplier and the City
Manager or his designee. This material is used by the Street Department and funds
have been budgeted for FY 92-93.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
12. M93-159
Motion approving the purchase of analytical equipment for the Water Department
laboratory, based on low bid. The equipment is budgeted in the 1992-93 Capital
Outlay as additional equipment.
GBC Scientific
c/o Scientific Marketing
Georgetown, Texas
1 ea. AA Spectrometer
Total: $66,900.00
Tremetrics, Inc.
Austin, Texas
1 ea. Gas Chromatograph @ $42,088.50
1 ea. Mass Spectrometer @ $58,372.75
Total: $100,461.25
Grand Total Award: $167,361.25
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
Minutes
Regular Cc _cil Meeting
May 25, 1993
Page 14
15. M93-162
Motion awarding a contract in the amount of $190,700 to Braselton Construction
Company to construct a household hazardous waste collection facility at the Elliott
Solid Waste Landfill.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
17. ORDINANCE NO. 021658
Ordinance amending Ordinance No. 21379, passed and approved on April 28, 1992,
by amending Section 3 to adopt the final assessment roll and assessments in the
amount of $55,784.57 on twenty items, levied against the owners of property abutting
on 15th Street from Ayers Street to South Staples Street as part of the Wynn Seale
Area Street Improvements, Phase I Project.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
18. ORDINANCE NO. 021659
Ordinance appropriating the FY 1993 Emergency Shelter Grant of $60,000 from the
U.S. Department of Housing and Urban Development; allocating $24,130 to Corpus
Christi Metro Ministries, $20,120 to Dos Mundos Day Care School, and $15,750 to
the Women's Shelter of the Corpus Christi Area, Inc.; and authorizing the City
Manager to execute subrecipient agreements with these organizations.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
20. RESOLUTION NO, 021660
Resolution authorizing the City Manager or his designee to accept Amendment No.
1 to FAA Grant 3-48-0051-15-90 to increase the grant amount from $1,474,713 to
$1,514,524.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
21. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 53, Traffic, Section 53-255, Schedule VI,
Decrease of State Law Maximum Speed, by lowering the speed limit from 30 MPH
to 20 MPH both No. Shoreline Boulevard, between Pearl Street and Coastal Avenue,
Minutes
Regular Cc cil Meeting
May 25, 1993
Page 15
and E. Surfside Boulevard, between Pearl Street and the south terminus of E.
Surfside Boulevard.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
22. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 55, Utilities; repealing all provisions of
Article XI, Sections 55-140 to 55-147, Commercial and Industrial Waste Disposal and
Pretreatment by adoption of a new U.S. Environmental Protection Agency reviewed
and approved Commercial and Industrial Waste Disposal and Pretreatment
ordinance, Article XI, Sections 55-140 to 55-147; excepting Section 55-146, Abnormal
Sewage Surcharge, under Ordinance No. 20895; providing a savings clause; repealing
all ordinances in conflict; providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
23. ORDINANCE NO. 021661
Amending the Code of Ordinances, Chapter 2, Administration, Division 16, Airport
Advisory Committee, Sections 2-175 and 2-176.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
Mayor Rhodes opened the discussion on Item 10, motion approving a supply
agreement for approximately 470 safety back belts.
Responding to Council Member Martin, City Manager Garza discussed the safety
advantages of utilizing the back belts.
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 11, motion approving the purchase of
a 19 foot patrol boat with accessories.
Council Member Best expressed concern about the price of the boat. City Manager
Garza gave a breakdown of the costs. Responding further, Mr. Garza stated that he had
personally examined the boat currently in use and agreed with staff. He further discussed
the plans for the replaced boat.
Minutes
Regular Co. _cit Meeting
May 25, 1993
Page 16
Ms. SiSu Morris, Marina Superintendent, responded to several inquires about the
boat currently in use.
Council Member McNichols inquired about the bid specifications, and Mr. F. D.
Glenn, Purchasing Agent, discussed the specifications.
Council Member Galindo stated that he supported refurbishing the current boat.
Ms. Morris discussed the use and condition of two boats utilized at the Marina and stressed
the necessity of the request.
Mayor Rhodes called for comments from the audience.
Mr. Kenneth Todd, employee of Gunderland Marine, stated that the current boat was
not seaworthy and required replacement. Mr. Todd expressed concern that the bid
specifications required bidding each item separate from the hull which increased the costs.
Responding to Council Member Martin, Mr. Glenn explained the selected bid
proposal.
Mayor Rhodes opened the discussion on Item 13, motion authorizing the City
Manager to enter into an agreement with the Music Performance Trust Fund. Council
Member Cooper announced that she had filed a Disclosure of Interest Affidavit on Item 13
and would not vote and discuss the item.
Council Member Best inquired whether the initial parking and noise problems had
been solved. Mr. Malcolm Matthews, Director of Park and Recreation, discussed the
resolutions.
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 14, motion awarding a contract to
Backhoe Lease Service, Inc., for drainage improvements on Milky Way Drive.
Council Member Cooper referred to the large number of telephone calls she received
concerning drainage problems in her district and requested information. Mr. Carl Crull,
Director of Engineering, discussed the process responding to complaints and resolution
thereof. Next, Council Member Cooper requested a report concerning the complaints and
resolutions in her district.
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Items 16a and 16b, motion and ordinance
concerning the contract and grant for tuberculosis expanded outreach service.
Council Member Cooper inquired about the statistics of tuberculosis in the county,
and Mr. Hennings reviewed the statistics.
Minutes
Regular Co. .;il Meeting
May 25, 1993
Page 17
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 19, ordinance amending the Code of
Ordinances, Chapter 55, Utilities, Article VII, Sewer Rates.
Pursuant to Item 15, motion awarding a contract to construct a household hazardous
waste collection facility at the Elliott Solid Waste Landfill, Council Member Martin
commented that this matter was a recycling issue and questioned the placement of the item
in the consent agenda.
Returning to Item 19, Council Member Martin requested the consensus of the
Council to keep a separation of billing between the adoption of the wastewater winter
averaging and any budget rate adjustment.
City Manager Garza discussed the effects of not adopting the proposed ordinance.
Council Member McNichols discussed a six percent increase in wastewater rates, and agreed
that the increase should be separate from a winter averaging increase.
A brief discussion developed and Council Member Martin moved to amend Item 19
to reflect at least one full billing cycle between the effective date of any utility rate increase
and the effective date of the adjusted rate initiating the winter averaging program, seconded
by Council Member Moss. Mayor Rhodes called for a vote on the motion and the motion
passed unanimously.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for the votes as follows:
10. M93-157
Motion approving a supply agreement for approximately 470 safety back belts in
accordance with Bid Invitation No. BI -0184-93 with Vallen Safety Supply Company,
Corpus Christi, Texas for the estimated amount of $10,243.00, based on low bid
meeting specifications. Funds are budgeted in the 1992-93 budget by the appropriate
using departments.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
11. M93-158
Motion approving the purchase of a 19 foot patrol boat with accessories for the
Marina in accordance with Bid Invitation No. BI -0169-93 from Lanness K. McKee
& Company, Inc., Fairmont, N.C., based on the low bid of $15,940.90. The boat is
included in the approved FY 92-93 Capital Outlay as a replacement item.
Minutes
Regular Co it Meeting
May 25, 1993
Page 18
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria,
Martin, and Moss voting "Aye"; Galindo and McNichols voting "No"; Noyola absent.
13. M93-160
Motion authorizing the City Manager or his designee to enter into an agreement with
the Music Performance Trust Fund to provide $11,200 in funding for eleven 1993
summer concerts to be performed at the Cole Park Amphitheater by the Corpus
Christi Musicians Association, Inc., Local 644 as funded by the FY 1992-93 budget.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye'; Cooper abstaining; Noyola
absent.
14. M93-161
Motion awarding a contract in the amount of $40,650 to Backhoe Lease Service, Inc.,
for drainage improvements on Milky Way Drive in Greenway Gardens Subdivision
as part of the Minor Storm Drainage Improvements - 1992, Phase IIB project.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
16a. M93-163
Motion authorizing the City Manager to execute a contract for a grant in the amount
of $51,067 from the Texas Department of Health to develop expanded outreach
services to individuals who have tuberculosis or are at high risk of developing
tuberculosis.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
16b. ORDINANCE NO. 021657
Ordinance appropriating a grant in the amount of $51,067 from the Texas
Department of Health to develop expanded outreach services to individuals who have
tuberculosis or are at high risk of developing tuberculosis; amending Ordinance No.
21441 which adopted the FY 92-93 budget by adding $51,067 to the General Fund -
Health Department; and adding two full-time equivalents to the Health Department.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
Minutes
Regular Co. i1 Meeting
May 25, 1993
Page 19
19. ORDINANCE NO 021662
Ordinance amending the Code of Ordinances, Chapter 55, Utilities, Article VII,
Sewer Rates, Section 55-100, Schedule, by amending paragraph (b), which provides
for establishing winter average billing for one -family residential customers effective
June 1, 1993, by substituting "on a date to be established by the City Council" for
"June 1, 1993" where appearing.
An emergency was declared and the foregoing ordinance passed as amended by the
following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and
Moss voting "Aye"; Noyola absent.
.....:::ss.:.
The Council went into closed session pursuant to Article 6252-17, Sec. 2(e), V.A.C.S.,
regarding In the Matter of an Order Establishing Permanent Operating Procedures
pertaining to Certificate of Adjudication No. 21-3214 of the City of Corpus Christi, Nueces
River Authority, and The City of Three Rivers, before the Texas Water Commission.
The Council returned from closed session.
Mayor Rhodes called for the City Manager's report. City Manager Garza informed
the Council of his upcoming vacation.
Mayor Rhodes called for Council concerns and reports.
Council Member Galindo referred to a letter from Dave Lamp, Koch Refinery
Manager, concerning the Clinton Administration's proposed tax on energy (BTU Tax), and
a resolution draft. He requested consideration from the Council. Mayor Rhodes requested
the item be placed on the upcoming agenda. Mr. Galindo next requested that the Regional
Transportation Authority (RTA) notify all nearby businesses concerning the construction
and/or improvements to bus stops. Further, Mr. Galindo inquired about the status of the
remittance processing system, and Mr. Garza replied that he would provide information on
this matter. Mr. Galindo commented that the use of this equipment would be a good
opportunity to educate the public on the City's winter averaging program.
Council Member Cooper expressed concern that the old Winstead's building on
Everhart Road was to become a topless bar. Mr. Utter replied that the property was
properly zoned for this type of establishment and discussed the circumstances.
Council Member Best commented that the six Council Members in favor of placing
the sale of the City's natural gas distribution system on the ballot were not voting to sell the
company, but merely to place the sale on the ballot. Dr. Best then referred to the Requests
for Proposal (RFP) for the Frost Brothers Building, and requested the appointment of a
committee to investigate the possibility of utilizing the building for use by A&M, if not sold.
Minutes
Regular Co,..:i1 Meeting
May 25, 1993
Page 20
He suggested the committee be comprised of himself and Council Member Cooper. Next,
Dr. Best referred to Council Member Galindo's prior request to create a committee
concerning project coordination between the City and County. Mayor Rhodes referred to
her request that Mr. Galindo investigate the matter. Mr. Galindo stated that he had done
so and would provide a report at the next council meeting.
Council Member Longoria discussed the recent flooding problems at the Gateway
Mobile Park and requested a report on prior similar situations. Next, Mrs. Longoria
commented on a hazardous traffic condition at the Up River Road/Rand Morgan Road
area at 5:00 p.m. each day. City Manager Garza stated that he would investigate the matter.
Council Member Moss inquired about the status of the beach cleanup on Padre
Island. City Manager Garza discussed the increasing costs and stated that staff was
presently working on the issue. Mr. Utter commented on the upcoming meeting between
the City and County concerning the issue.
Council Member Galindo referred to his opposition to the recent contract concerning
privatization of the City's adult softball, and correspondence insinuating adult softball at the
Kiwanis field was subject to the contract also. He stated that he had not been aware that
the contract was an exclusive contract. City Manager Garza stated that the contract
involved the privatization of the City's adult softball and not the softball fields.
Council Member Martin stated that he was not aware until recently that adult softball
recreational activities were played at the Kiwanis and Price fields as well. Additionally, Mr.
Martin referred to the beach cleanup issue and discussed an amiable resolution. A brief
discussion ensued concerning the beach cleanup program. Lastly, Council Member Martin
expressed concern that the Council had not been provided a copy of the Requests for
Proposal on the Frost Brothers building.
Mayor Rhodes appointed Council Members Cooper, Longoria, and Martin to the
Council Audit Oversight Committee and Council Member Moss as Chairperson of the
committee. (M93-164).
Mayor Rhodes called for petitions from the audience and there were none.
Mayor Rhodes announced that Items 25, 26, 27, and 28, annual meetings of the
Corpus Christi Community Improvement Corporation; the Corpus Christi Health Facilities
Development Corporation; the Corpus Christi Housing Finance Corporation; and the
Corpus Christi Industrial Development Corporation schedule for the day's meeting would
be postponed.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 7:12 p.m. on May 25, 1993.
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