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HomeMy WebLinkAboutMinutes City Council - 10/26/1993I 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 October 26, 1993, which were approved by the City Council on November 16, 1993. SEAL WITNESSETH MY HAND AND SEAL, this 17th day of November, 1993. Armando Chapa, City Secreta MJU3UEILMEU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 26, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David Noyola Council Members: Melody Cooper Cezar Galindo Betty Jean Longoria Dr. David McNichols Edward Martin Clif Moss ABSENT Jack Best 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 Pastor Tom Rhodes, Bayshore Bible Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cooper. 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 October 19, 1993, and there being no corrections, she proclaimed them approved as presented. i f i i i■ f Q i•! f i Mayor Rhodes stated that the month of October was Texas Restaurant Month and recognized Ms. Cathy Harrison, President of the Light House Restaurant, present at the day's meeting. Ms. Harrison referred to the upcoming 'Taste of Corpus Christi" and outlined the place, date, and time of the event. She also discussed past proceeds and scholarships sponsored by the event. Minutes Regular Co il Meeting October 26, 1993 Page 2 Council Member Noyola arrived at the meeting at 2:15 p.m. Mayor Rhodes recessed the regular council meeting for Items 1 and 2, meetings of the Workforce Development Corporation and the Corpus Christi Community Improvement Corporation. Mayor Rhodes reconvened the regular council meeting. Mayor Rhodes called for consideration of items from the Regular Agenda and opened the discussion on Item 3, resolution endorsing the efforts of the National League of Cities and the Texas Municipal League concerning the impact of federal mandates on City finances. Mayor Rhodes stated that the impact of unfunded federal mandates on cities was a major concern. City Manager Garza stated that a list of the mandates would be provided in the upcoming budget information. He also discussed several new regulations affecting City government. Mr. Bill Hennings, Deputy City Manager, discussed the new landfill regulations concerning installation of clay and plastic liners which would cost the City approximately $1.4 million annually. Council Member Martin stated support of the resolution and discussed the rising costs to citizens for unregulated mandates. Council Member McNichols discussed the damaging effects federally unfunded mandates have on local priority setting. He referred to the deteriorating infrastructure and stated that the cost benefit ratio of many new regulations was undetermined. Mr. Hennings responded to several inquiries concerning the new landfill regulations in relationship to residential, commercial, and non-residential garbage rates. He also gave a brief history on the development of the regulations. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 021789 Resolution endorsing the efforts of the National League of Cities and the Texas Municipal League in informing citizens about the impact of federal mandates on City finances and pledging the support of the City of Corpus Christi to work with NLC and TML to inform citizens; endorsing the events that begin this process on October 27, 1993; and redoubling the City's efforts to inform and work with members of our Minutes Regular Cor it Meeting October 26, .,93 Page 3 Congressional delegation to inform them about the impact of federal mandates and actions necessary to reduce their burdens on citizens. The foregoing resolution passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss and Noyola voting "Aye"; Best absent. Mayor Rhodes announced the discussion on Item 4, an ordinance concerning cable television regulations. Mr. Hennings referred to the recent resolution adopted by the Council concerning the regulations to the rate regulation proceedings and discussed the steps for certification to authorize the City to regulate the rates charged by the Cable companies for the first tier of channels. In response to Council Member McNichols, City Attorney Bray explained the effects on the local network affiliates. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Prescribing procedural regulations governing review or establishment of rates charged or to be charged by cable operators to cable television subscribers for the basic cable service tier and associated equipment; specifying procedures whereby the views of interested parties may be heard concerning rates charged or to be charged for the basic cable service tier and associated equipment; providing for severability. The foregoing ordinance passed on first reading by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. Council Member Martin requested the names and addresses of the people associated with the potential merger between TCI Cablevision, Inc. and Bell Atlantic and the licensing officials of the local television network affiliates so that interested parties could express their concerns regarding the present broadcasting problems in the City. Mayor Rhodes opened the public hearing on Item 5, closure and abandonment of a 5.53 square foot portion of the Chaparral Street right-of-way abutting Lot 3, Block 12, Beach Portion (50.2 feet long and varying in width from 0.07 feet to 0.15 feet) and a 92.55 square foot portion of the Mesquite Street right-of-way adjacent to Lots 10, 11, and 12, Block 12, Beach Portion (40.36 feet long by 1.75 feet wide and 109.62 feet long by 0.20 feet wide). In response to Council Member Moss, City Manager Garza stated that the proposed closure and abandonment was required to obtain the title insurance for the sale of the old Minutes Regular Co -i1 Meeting October 26, 1993 Page 4 Frost Brothers Building. Also, in response to Council Member Martin, Mr. Carl Crull, Director of Engineering Services, discussed the surveys performed on the property. Council Member Moss made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. Mayor Rhodes inquired whether anyone opposed the closure and abandonment. No one stated opposition. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 021784 Ordinance closing and abandoning a 5.53 square foot portion of the Chaparral Street right-of-way abutting Lot 3, Block 12, Beach Portion (50.2 feet long and varying in width from 0.07 feet to 0.15 feet) and a 92.55 square foot portion of the Mesquite Street right-of-way adjacent to Lots 10, 11, and 12, Block 12, Beach Portion (40.36 feet long by 1.75 feet wide and 109.62 feet long by 0.20 feet wide), subject to applicant replatting the property within 180 days. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. Council Member McNichols requested that staff provide the Council with timely status reports on the old Frost Brothers Building project. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 6 through 8, and Council Members requested that Items 6, 7, and 8 be withheld for discussion. Mayor Rhodes opened the discussion on Item 6, motion approving the purchase of City Property Insurance. Council Member Moss inquired about the feasibility of self-insurance for the property owned by the City and the logic of the self-insurance for general liability. City Manager Garza stressed the importance of possessing the external coverage for City property and discussed the general liability self-insurance fund. Council Member McNichols inquired about the changes to the fire coverage. Mr. Garza explained the changes. Further, Dr. McNichols referred to the proposed coverage reduction for perils other than windstorm, hurricane, and hail and inquired whether the savings was wise. City Manager Garza discussed the reductions in association to the proposed coverage. Dr. McNichols also inquired about the effects of different levels Minutes Regular Co' til Meeting October 26, X393 Page 5 of deductibles. City Manager Garza requested Mr. Wallace Goodman, broker for H.R.H. Insurance, to respond. Mr. Goodman stated that he did not feel different deductibles would significantly impact the premiums. A brief discussion ensued and City Manager Garza responded to inquiries from Council Member Cooper concerning other insurance coverage. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M93-307 Motion approving the purchase of City Property Insurance in accordance with Bid Invitation No. BI -0041-94 through H.R.H. Insurance Company at an estimated annual premium of $347,863. The foregoing motion passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols and Noyola voting "Aye"; Moss voting "No"; Best absent. Mayor Rhodes opened the discussion on Item 7, a motion concerning the Corpus Christi Downtown Management District (CCDMD). Council Member Galindo discussed the Heart of Corpus Christi's participation in the CCDMD and suggested a more central point of authority. Council Member Martin inquired about the funding procedure and whether the agreement indicated the use of the funds. Mr. Garza explained the procedure and stated that the agreement did not contain restrictions on the use of the funds. Mr. Martin stated that it was his understanding that City funds to the organization would be for administrative services only. A brief discussion ensued and City Attorney Bray offered an amendment to the motion addressing Mr. Martin's concerns. Council Member Martin made a motion to amend Item 7 to include that the funds provided by the City shall be expended only for administrative services of the Corpus Christi Management District and shall not be expended for capital improvements. The motion was seconded by Council Member Longoria. Mayor Rhodes called for a voice vote on the motion and the motion passed by those present and voting. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, stated support of the endeavors of the Corpus Christi Downtown Management District and requested all entities to work with the CCDMD to improve the quality of life in the downtown area, which, in turn would attract more visitors. Minutes Regular Co 7i1 Meeting October 26, 1993 Page 6 City Secretary Chapa polled the Council for their votes as follows: 7. M93-308 Motion approving of an agreement between the City of Corpus Christi and the Corpus Christi Downtown Management District for the District to provide services to the City to promote downtown development and redevelopment. The foregoing motion passed as amended by the following vote: Rhodes, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No"; Best absent. Mayor Rhodes opened the discussion on Item 8, an ordinance deleting one Police Senior Officer and adding one Police Lieutenant. City Manager Garza explained that staffing the uniformed personnel of the Police Department required Council approval. Council Member Galindo posed several questions concerning the Weed and Seed program and City Manager Garza responded. Council Member Martin discussed personnel transactions which could be performed managerially instead of by the Council. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. FIRST READING ORDINANCE Amending Ordinance 21707 which adopted the 1993-94 budget by deleting the position of one (1) Police Senior Officer; adding the position of one (1) Police Lieutenant. The foregoing ordinance passed on first reading by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. The Council went into closed session on Items 9, 10a, and lla as follows: 9. Pursuant to the Texas Government Code, Section 551.071, regarding Charles F. Stevens, et al v. City of Corpus Christi, et al, No. 91-6219-C, 94th District Court, Nueces County, Texas; Minutes Regular Cc Til Meeting October 26, 1993 Page 7 10a. Pursuant to the Texas Government Code, Sections 551.075 and 555.071, regarding construction contract for Northside Senior Center; and Ila. Pursuant to the Texas Government Code, Sections 551.075 and 555.071, regarding construction contract for improvements to Breckenridge, Crossgate, Falcon, and Windsor Parks. Council Member McNichols stated that he would file a Disclosure of Interest Statement on Item 9 regarding Charles Stevens and would not participate in discussions on this item. Council Member McNichols entered the closed session after the discussion regarding Item 9. The Council returned from closed session. Mayor Rhodes stated that there was no action on Item 9, regarding Charles F. Stevens, et al v. City of Corpus Christi. Mayor Rhodes opened the discussion on Item 10b, a motion awarding a construction contract for the Northside Senior Center. Mr. Tom Utter, Group Manager, Development Services, stated that RVI was the low bidder on the base bid. However, RVI's bid bond had been determined invalid. He further stated that staff was recommending the base bid and the Additive Alternate No. I of which UMM, Inc. was the low bidder. Mayor Rhodes called for comments from the audience. Mr. Franz A. Hitt, 4637 Coody, stated that he signed the protest to the bid. He also referred to tax evasion on past City projects and multiple claims against current City projects performed by UMM, Inc. In response, Mr. Utter stated that the claims referred to by Mr. Hitt had been investigated by the Engineering and Legal Departments. He also stated that staff continued to recommend UMM, Inc. City Secretary Chapa polled the Council for their votes as follows: 10b. M93-309 Motion awarding a contract in the amount of $690,711 to UMM, Inc. to construct the Northside Senior Center. Minutes Regular Co• ,il Meeting October 26, sJ93 Page 8 The foregoing motion passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; Best absent. Council Member Longoria recognized Mr. Oveal Williams, member of the Senior Citizens Advisory Council (Washington Site) and a volunteer for the Retired Senior Volunteer Services (RSVP), present at the day's meeting. Mr. Williams expressed appreciation to the Council for the new Northside Senior Center. Mayor Rhodes referred to Item l lb regarding construction contract for improvements to Breckenridge, Crossgate, Falcon, and Windsor Parks, and called for comments from the audience. Mr. Franz A. Hitt, 4637 Coody, discussed the bid rejections of RVI, Inc. and Garrett & Associates which results in a greater expense to the City. He further stated that, if the City required 100 percent of the bid bond, the bid specifications should have revealed the requirement. He further stated that the City had the choice of one proven contractor and one unproven contractor bidding the project at a lower cost. In response to Mr. Hitt, Mr. Crull explained the general provisions of the bid specifications concerning the bid bond and stated that Progressive Structures, Inc. had previously performed two similar park projects adequately. He further stated that Garrett & Associates was also an adequate contractor but did not provide a sufficient bid bond on the project. Council Member Martin referred to the difficulties of awarding contracts and Garrett & Associates' bid error. He stated that the City had to follow the bid specifications in any event. City Secretary Chapa polled the Council for their votes as follows: llb. M93-310 Motion awarding a contract in the amount of $253,203 to Progressive Structures, Inc. for improvements to Breckenridge, Crossgate, Falcon, and Windsor Parks. The foregoing motion passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; Best absent. Mayor Rhodes called for the City Manager's report. City Manager Garza referred to the upcoming meeting in Austin by the Texas Department of Transportation concerning approval of the Camino Columbia project. Mr. Garza briefly reviewed the project and stated that staff would provide the Council with information on the project and the meeting. Minutes Regular Cc ail Meeting October 26, .993 Page 9 Council Member McNichols stressed the importance of the Camino Columbia project. Council Member Martin suggested that, after deliberation with the staff and interested parties, the Mayor act on behalf of the City. Council Member McNichols made a motion that the Mayor act on behalf of the Council and the City regarding the City's interest to the Camino Columbia project. The motion was seconded by Council Member Noyola and passed unanimously. City Manager Garza stated that Mr. Joe Fulton was attempting to get the item postponed and the Council would be kept up-to-date on the results. Next, City Manager Garza referred to the street markings in the City which were currently being removed and stated that the work was under warranty and being performed by the supplier of the products. Mr. Garza requested that Mr. Utter provide a report on the recent award of the multicredit certificate. Mr. Utter stated that the Corpus Christi Housing Finance Cooperation recently obtained mortgage credit certificates of authority for the City of Ingleside and the City of Aransas Pass. Mayor Rhodes referred to the upcoming council meeting schedule and inquired whether there were any problems with canceling the November 2, December 7, and December 28, 1993 meeting. No one opposed the cancellations. Mayor Rhodes discussed her recent visit to the Urban Waterfront Conference. She expressed appreciation to Mr. Brandol Harvey, Director of Planning, and Mr. Joe Moseley for their assistance in her presentation. She stated that she would provide information to the Council on the matter. Mayor Rhodes called for Council concerns and reports. Council Member Martin inquired about the status of park maintenance in the City. Mr. Utter responded. Further, Mr. Martin referred to a recent newspaper article concerning a new golf course in the northwest. City Manager Garza stated that staff had continued investigating options for a new golf course, but definite plans did not exist. Council Member Noyola referred to areas on Kostoryz Road and Everhart Road and a demolished building located on the corner of Kostoryz Road and Holly Road. He also referred to the absence of sidewalks and drainage problems on Alaniz Street. Mr. Crull stated that improvements to Alaniz Street were planned for 1994. Council Member McNichols inquired about the ordinance to control boat wakes and speed in private canals and waterways. Mr. Utter stated that the ordinance would be presented to the Council soon. Also, Dr. McNichols stressed the importance of citizen participation in the upcoming City/County election on November 2, 1993. Council Member Moss referred to problems with the air conditioning unit at the Harbor Playhouse. Mr. Utter discussed plans to repair the unit. Next, Mr. Moss suggested Minutes Regular Co ^il Meeting October 26, _'93 Page 10 exit markers for the basement stairways in City Hall. Lastly, Mr. Moss inquired about the simplification of the City's utility meter reading routes. Council Member Longoria referred to the upcoming meeting in Austin by the Texas Department of Transportation and inquired whether McKinzie Road would be an item on the agenda. Mr. Crull stated that he would investigate this inquiry. Mrs. Longoria also discussed the recent meeting concerning the potential northwest golf course and recreational vehicle park. Mayor Rhodes called for petitions from the audience. Mr. Trian Serbu, 14310 Playa del Rey, stated that he felt the water option and the funding thereof were two separate items. He stated support of the water option, but opposition to utilization of the one-fourth of one percent sales and use tax increase to exercise the option at this time. He further stated that available water would increase over the next few years because of better control of the spillways and increased conservation. Lastly, he stated that the question of whether the water was actually necessary should be resolved and, if so needed, commented favorably on the use of the Choke Canyon Reservoir fund. In response to Mr. Serbu, Council Member McNichols stated that increased industrial and residential conservation would lessen releases back into the bays and estuaries and, therefore, necessitate more fresh water releases. Dr. McNichols also discussed the detrimental effects of using the water fund reserves for the water options. Mr. Abel Alonzo, 1701 Thames, stated support of the use of the one-fourth of one percent sales and use tax for the water options. He further encouraged citizens to vote for the tax. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:58 p.m. on October 26, 1993.