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HomeMy WebLinkAboutMinutes City Council - 04/26/1994I 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 26, 1994, which were approved by the City Council on May 3, 1994. WITNESSETH MY HAND AND SEAL, this 4th day of May, 1994. Armando Chapa City Secretary SEAL MICROF1LiME5 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 26, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper Council Members: Jack Best Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss David Noyola 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 the Reverend Jorge Garcia, Providence Reformed Episcopal, following which the Pledge of Allegiance to the Flag of the United States was led by Amanda Velasquez and Amanda Leveck, fifth grade students at Lozano Special Emphasis School. 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 19, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes opened discussion on Special Consideration Items 1 and 2, issuance and sale of revenue bonds and appropriations from bond funds to support the FY93-94 Capital budget. Minutes Regular Council Meeting April 26, 1994 Page 2 Rosie Vela, Director of Finance, announced that seven bids were opened at 11:30 a.m. on April 26, 1994. The low bid was submitted by Goldman Sachs with an effective interest rate of 5.784996 percent. She also stated that a comparable water sewer bond sale for $8,250,000, with an effective interest rate of 6.18 percent, was issued on April 19, 1994. She noted that there had been much fluctuation in the bond market and city officials felt they had received a good rate bid with the two lowest bidders having close margins. The city's ratings from Moody's Investors Service and Standard and Poor's both came in at "A." The money should be received in about 30 days. Mayor Rhodes again thanked Ms. Vela for her presentations before the bond rating agencies in New York earlier in the month. Council Member Moss asked for a comparison of cities which have had a similar rating for their bond sales in recent weeks. Ms. Vela responded that the city of Edinburg received an interest rate of 6.75 percent and Dallas' interest rate was 5.7 percent with an "AA" rating. City Manager Garza said the staff recommended acceptance of the proposed bids. Responding to a question by Council Member Martin, Mr. Garza stated that the staff had projected bond debt based on an interest rate of 6.5 percent. Ms. Vela noted that the Texas Water Development Board project was delayed, resulting in the sale of the State Revolving Fund revenue bonds in May or June. Responding to Mr. Martin's question regarding Item 2, Mr. Garza stated that the appropriation from the Storm Water Bond Fund would be taken from the Wesley Seale Dam Maintenance Fund Reserve rather than borrow from investors. He added that while the Storm Water Bond Fund would not be part of the Combined Utility Fund, it would be the responsibility of the Storm Water Bond Fund to replace the money taken from the Combined Utility Fund. Responding to a question from Council Member McNichols, Jeff Leuschel, an attorney with McCall, Parkhurst & Horton and bond counsel for the city, responded that the covenants were typical for utility system revenue bond financing. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes on the following items: 1. ORDINANCE NO. 021924 Ordinance authorizing the issuance and sale of $11,140,000 of City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1994. Minutes Regular Council Meeting April 26, 1994 Page 3 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Cooper and Noyola absent. 2. ORDINANCE NO. 021925 Ordinance appropriating $17,387,033 from the Water Bond Fund, $629,780 from the Sanitary Sewer Bond Fund, and $1,445,000 from the Storm Sewer Bond Fund to support the FY93-94 Capital budget. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola absent. Mayor Rhodes opened discussion on a proposed pilot program for weekly garbage/recycling collection. Deputy City Manager Bill Hennings announced that the proposed pilot program would be called "Wipe Out Waste" (W.O.W.). He explained that environmental concerns, stringent laws and increasing costs were the impetus for evaluating the city's solid waste management program and proposing changes to it. The state has established a goal of a 40 percent reduction in the waste stream and the city is striving to reach that goal. Mr. Hennings said that the city's recycling program begun several years ago is collecting about five percent of all of the waste stream going to the landfill. Although it has been successful, the recycling program could be more effective with greater citizen participation. An informal waste audit was performed on about 4,200 homes and it was determined that, potentially, 13 percent of the waste stream could consist of recyclables. He further explained that the W.O.W. program proposes once -a -week collection of garbage, yard waste and recycling, and collection once every 30 days of brush/bulky items. Three sizes of waste containers (30, 60 or 90 gallon) would be provided by the city; the collection fee would vary with the size and combination of containers chosen. In addition, the garbage collection process would become streamlined and automated, thus reducing the cost of workman's compensation for solid waste department employees. Responding to a question from Council Member Moss, Mr. Hennings replied that the pilot program would span a four-month period and would include the proposed rate structure. In addition, a composting project using yard waste and sewage sludge is being developed. In response to Council Member Galindo's questions, Mr. Hennings explained that Minutes Regular Council Meeting April 26, 1994 Page 4 if the pilot program were instituted city wide immediately, it could extend the life of the Eliott Landfill by two years. More realistically, however, if approved the garbage collection program would be phased in over a three-year period and could extend the landfill's life by one year. Mr. Galindo also expressed concern about the increase in the collection cost if the plan was implemented. Council Member Longoria verified with Mr. Hennings that construction material, appliances and tires would not be picked up under the new program, but furniture, mattresses and other bulky items would be picked up once a month rather than the current 10 times a year. Council Member Best discussed the issue of composting and disposal of yard trimmings. Council Member McNichols said that he supports efforts to increase recycling and to decrease the waste stream, but he expressed concern with the ability of some families with many small children to either decrease their amount of waste or pay a higher monthly rate. Responding to Council Member Noyola's concem, Mr. Hennings stated that one of the purposes of phasing in the program was to allow time to reassign employees to other jobs. City Manager Garza emphasized that no employees have been fired in the past as a result of reductions in force. Council Member Martin asked for a budget for the pilot program, and Mr. Hennings agreed to provide one. Mr. Martin also stated that the two essential elements of the pilot program --changing the frequency of basic garbage pick up and reducing the landfill waste stream --were not necessarily linked. He added that increases in composting and recycling could be achieved as separate programs without altering the garbage collection frequency. In response to Council Member Galindo, Mr. Hennings explained that the concept of the variable rate is to charge more to the customers who produce more garbage, adding that the proposed rate structure is designed to produce the same amount of revenue currently being produced. Once hard data is provided at the conclusion of the pilot program, then the rate structure could be adapted. Mayor Rhodes and Council Member Longoria asked if the pilot project could be initiated without instituting the variable rate structure. Mr. Hennings responded that the purpose of the $78,000 Environmental Protection Agency grant is to determine if variable rates provide an incentive to produce less trash --"pay as you throw" --and to recycle more. Therefore, the city would lose the EPA grant without the variable rates. Minutes Regular Council Meeting April 26, 1994 Page 5 Mayor Rhodes asked City Manager Garza to investigate the possibility of subsidizing the cost of garbage collection under the pilot program for some families before the issue comes before the Council at the May 17, 1994, Regular Council meeting. Mayor Rhodes referred to the Board and Committee appointments on the day's agenda and the following appointments were made: Civil Service Board/Commission Connie Munoz - Reappointed Nanette Hasette Mayor Rhodes called for consideration of items from the Regular Agenda and opened discussion on Item 4, motion directing the City Manager to request that the Nueces County delegate to the City of Corpus Christi the authority to administer Chapter 63 of the TEXAS NATURAL RESOURCES CODE pertaining to dune protection. City Manager Garza noted that the Nueces County Commissioner's Court took action on April 20, 1994, to delegate dune protection authority to the City of Port Aransas. Responding to Council Member Martin's question, City Attorney James Bray responded that the city would issue all dune protection permits for the area from the Port Aransas city limits to the Kleberg County line, except for areas located on county property (parks, etc.). Council Member Best noted that this action is the first step in the planned consolidation between the city and Nueces County. Mayor Rhodes called for comments from the audience. Mrs. Marie Speer, 909 Red Start Circle, questioned the area encompassed within the extraterritorial jurisdiction (ETJ). Council Member Martin and Mr. Bray explained that the area included in the request refers only to Nueces County. City Secretary Chapa polled the Council for their votes as follows: 4. M94-114 Motion directing the City Manager to request that the Nueces County delegate to the City of Corpus Christi the authority to administer Chapter 63 of the TEXAS T Minutes Regular Council Meeting April 26, 1994 Page 6 NATURAL RESOURCES CODE pertaining to dune protection. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened discussion on Item 5, consideration of an appeal of the Building Standards Board order concerning the buildings at 4222 Magee Lane. Community Development Director Michael Reuwsaat explained that it is the staff's finding that the two structures located at 4222 Magee Lane are deteriorated beyond repair and recommends the owner start demolition within 30 days. The owner of record, Mr. Charles Vanaman, had requested an appeal of the Building Standards Board recommendation. He further stated that on April 25, 1994, Mr. Vanaman went to the Community Development Office and requested permits to demolish the structures on that property. Responding to questions from Council Members, Mr. Reuwsaat distributed pictures of the property and explained that Code Enforcement conducted a survey of the two structures at 4222 Magee Lane on September 10, 1993, and Mr. Vanaman was informed of the staff's recommendation to require demolition and the owner's rights to appeal. Council Member Martin noted that Mr. Vanaman was not present at the April 26, 1994, Regular Council Meeting. A motion was made by Council Member Martin and seconded by Council Member Longoria to uphold the Building Standards Board and staff recommendation concerning the buildings at 4222 Magee Lane. City Secretary Chapa polled the Council for their votes as follows: 5. M94-118 Motion to uphold the Building Standards Board and staff recommendation concerning the buildings at 4222 Magee Lane. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola absent. Mayor Rhodes opened discussion on Item 6, consideration of an appeal of the Building Standards Board order concerning the buildings at 2421 Marguerite. Mr. Reuwsaat stated that the owner of record is Mr. Jacob Krummel, who is Minutes Regular Council Meeting April 26, 1994 Page 7 deceased, and the property is currently in probate. Mrs. Guadalupe Krummel Ramon, who was present at the day's Council meeting, is the executor of the estate. On February 24, 1994, the Building Standards Board of Appeals recommended demolition of both structures. Mrs. Ramon had appealed the decision to the City Council based on undue hardship and had requested five months to allow her and her sisters time to sell the property. Mr. Reuwsaat added that an important aspect of this case is the health concerns stemming from the condition of the back structure. He said that in August 1993 police officers found a "John Doe" body in that building, dead from a drug overdose. He again distributed pictures of both of the structures to the Council Members. Responding to a question from Council Member Longoria, who stated that she had received complaints about this property, Mr. Reuwsaat explained that if a new owner bought the property, they would only be able to bring the front structure up to code but not the back structure. A discussion ensued regarding the complexity of properties that are in probate court. Mrs. Ramon stated that she had tried to keep the buildings repaired but vandals kept tearing them down. She said she has three potential buyers for the property. Mayor Rhodes made a motion that the back structure be demolished immediately at Mrs. Ramon's choice and that Mrs. Ramon be given until September 1, 1994, to work with staff to bring the front structure up to code, seconded by Council Member Noyola. City Secretary Chapa polled the Council for their votes as follows: 6. M94-119 Motion to uphold the Building Standards Board recommendation to proceed with demolition of back structure at 2421 Marguerite and to allow the appellant until September 1, 1994, to bring the front building up to code. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened discussion on Item 7, consideration of an appeal of the Building Standards Board order conceming the building at 1137 York. Council Member Best made a motion, seconded by Mayor Rhodes, to uphold the Minutes Regular Council Meeting April 26, 1994 Page 8 recommendation of the Building Standards Board and staff to require the owner to start demolition of the structure within 30 days. City Secretary Chapa polled the Council for their votes as follows: 7. M94-120 Motion to uphold the Building Standards Board recommendation to require the owner to start demolition of the structure at 1137 York within 30 days. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 12, and Council Members requested that Items 9, 10 and 12 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M94-115 Motion approving a supply agreement for approximately 74,500 ft. of C-900 and C-905 PVC pipe, ranging in size from 6" - 16", in accordance with Bid Invitation No. BI -0154-94, with International Supply, Corpus Christi, Texas based on low bid, for an estimated annual expenditure of $279,013.75. 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 are budgeted in FY 93-94 by the Water and Wastewater Departments. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 11.a. M94-117 Motion authorizing the City Manager to execute a contract with the Texas Department of Health in the amount of $8,953.00 for tuberculosis control services during the period of September 1, 1993 to August 31, 1994, and adding one full- time equivalent position to the Health Department to replace a State funded position which is being discontinued. Minutes Regular Council Meeting April 26, 1994 Page 9 The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 11.b. ORDINANCE NO. 021926 Ordinance appropriating a grant in the amount of $8,953.00 from the Texas Department of Health for Tuberculosis Control Services during the period of September 1, 1993 to August 31, 1994; amending Ordinance No. 021707 which adopted the FY 1993-94 budget by adding $8,953.00 to the No. 162 federal/state grants fund - Health Department; adding one full-time equivalent position to the Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened discussion on Item 9, contract for traffic signal maintenance. Responding to a concern raised by Council Member Galindo, City Manager Garza explained that basic maintenance on traffic signals, such as replacing light bulbs, had been performed by staff when possible but it took them away from more complicated maintenance problems. Therefore, a proposal was made to contract for basic maintenance with an independent company. Mayor Rhodes called for comments from the audience and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M94-116 Motion approving a contract for traffic signal maintenance including replacing light bulbs, cleaning lenses and reflectors, and inspection of hardware, in accordance with Bid Invitation No. BI -0171-94 with Fairbaim Electric, Inc., Corpus Christi, for the estimated annual amount of $30,580.00. The term of the contract will be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the contractor and the City Manager, or his designee. Funds are budgeted in the 1993-94 budget by Street Services Department. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Minutes Regular Council Meeting April 26, 1994 Page 10 Mayor Rhodes opened discussion on Item 10, motion approving the purchase of motorized construction equipment. Council Member Galindo expressed concern about using the lease purchase plan on these items. Council Member McNichols also expressed concern, stating that the 1994-95 budget should specifically point out purchases of this type in the future. Council Member Martin echoed those concerns and asked how many purchases of this type were still pending. Mr. Garza responded that four more pieces of equipment were scheduled to be purchased on credit. Mayor Rhodes called for comments from the audience and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. FAILED TO PASS Motion approving the purchase of motorized construction equipment in accordance with Bid Invitation No. 8I-0130-94 based on low bid and low bid meeting specifications. The 12.5 HP track excavator for Wastewater and two tractor/loader/backhoes for Gas, for a total expenditure of $120,168.00, are outright purchases; all other equipment, for a total of $335,878.69, will be funded through the City's lease/purchase line of credit contract with GE Capital. All equipment is replacement and is budgeted in the 1993-94 budget. Conley -Lott -Nichols Machinery Corpus Christi 25 HP Track Excavator 12.5 HP Track Excavator $55,719.00 B -C Equipment Sales Corpus Christi Hydraulic Excavator $154,074.69 Coastal Plains Machinery Corpus Christi 3 each Tractor -Loader -Backhoe $121,589.00 Waukesha Pearce Equip. Corpus Christi Tool Carrier $69,802.00 Preco Machinery Corpus Christi Tractor -Loader -Backhoe $54,862.00 GRAND TOTAL - $456,046.69 Minutes Regular Council Meeting April 26, 1994 Page 11 The foregoing motion failed by the following vote: Rhodes, Best, and Longoria voting "Aye"; Galindo, Martin, McNichols, Moss, and Noyola voting "No"; Cooper absent. Responding to Mayor Rhodes' inquiry, City Manager Garza stated that financing of the equipment would be reevaluated and referred to the Council at a later date. Mayor Rhodes opened discussion on Item 12, creation of the Corpus Christi Commission on Children and Youth. The Mayor responded to a question from Council Member McNichols, saying that the members of the Commission on Children and Youth would be chosen the same way other commission members are chosen. In addition, the Children and Youth Commission members should be generally interested in the welfare of children either by occupation or by association with an agency. Mayor Rhodes called for comments from the audience and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 021927 Amending the Code of Ordinances, Article 4, Chapter 2, by adding Division 19, creating the Corpus Christi Commission on Children and Youth, prescribing the duties thereof, and providing for related matters; and providing for publication. The foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes announced the closed sessions as follows: 13. Closed session pursuant to the Texas Government Code, Section 551.071 regarding No. 94-01851, Ex Parte Lavaca-Navidad River Authority, 201st District Court, Travis County, Texas. 14.a. Closed session pursuant to the Texas Govemment Code, Section 551.071 regarding Off -Site Drainage Development contract between the City of Corpus Christi and Mark Bratton, trustee, approved by the City Council on December 31, 1985. Minutes Regular Council Meeting April 26, 1994 Page 12 The Council went into closed session. *Mayor Pro Tem Cooper arrived at the meeting. The Council returned from closed session. Mayor Rhodes informed the citizens that the primary focus of the closed session discussion concerned the Lavaca-Navidad River Authority. She instructed the staff to place this item on the agenda for discussion after the river authority's board of directors had met and determined the course of action they intended to take. The mayor stated that the following item would be withdrawn at the day's meeting and instructed staff to present the item at the next Council meeting in the form of a resolution. 14.b. WITHDRAWN The Mayor called for the City Manager's report and there was none. Mayor Rhodes called for Council concerns and reports. Council Member Best reported that the first meeting of the Consolidation Committee held last week was very successful. He stated that the next meeting is scheduled for May 13, 1994, at noon and that at least two members of the Corpus Christi Independent School Board and the County Judge have been invited. Council Member Cooper apologized for arriving late to the meeting. Council Member Martin requested clarification of a letter Council Members received from a police officer claiming disability. Mayor Rhodes announced that the Community Development Block Grant hearing Minutes Regular Council Meeting April 26, 1994 Page 13 is scheduled for May 3, 1994, at 6 p.m. in the Council Chambers. She informed the Council that the Council meeting scheduled for May 10, 1994, would be cancelled. Council Member McNichols stated that on the weekend of April 29 -May 1, 1994, there would be a special collection center for extra refuse, including large items, at the Sandy Oaks Mobile Subdivision in Flour Bluff. Mayor Rhodes called for petitions from the audience. She stated that Mr. Jim Heitpas, 1409 Sulaine, had intended to discuss sidewalk ramps but left before the meeting concluded. The Mayor instructed staff to send Mr. Heitpas a letter regarding that issue. Mr. R.F. Hasker, 1813 Wallace, commented on the issue of water options. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:30 p.m. on April 26, 1994.