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HomeMy WebLinkAboutMinutes City Council - 07/12/1994I 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 July 12, 1994, which were approved by the City Council on July 19, 1994. WITNESSETH MY HAND AND SEAL, this 20th day of July, 1994. Armando Chapa City Secretary SEAL MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 12, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper Council Members: Dr. Jack Best Cezar Galindo Betty Jean Longoria Dr. David McNichols Clif Moss David Noyola City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa ABSENT Edward Martin Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Mr. Doug Wade, First Church of Christ Scientist, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Best. 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 June 28, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes recognized City Manager Garza for his 10 years of service to the City of Corpus Christi and presented him with a service pin. Minutes Regular Council Meeting July 12, 1994 Page 2 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda and the following appointments were made: Mechanical/Plumbing Advisory Board Joe G. Frazer Planning Commission Michael Bertuzzi - Reappointed Alma Meinrath - Reappointed Danny Noyola Senior Community Services Advisory Committee Carmen Arias Senior Companion Program Advisory Committee Julian Avendaf o Mayor Rhodes opened discussion on Item 1, public hearing and discussion on the proposed budget for Fiscal Year 1994-95. Mrs. Elizabeth Kirkland, chairperson of the Library Board, stated that approximately one million people visit the Central Library and the four branch libraries every year, which have been the recipients of about $2.5 million in individual donations and grants. She recognized the support of this City Council and recent City Councils, but urged them to do more by allocating more funds for new books and a larger administrative staff. Mrs. Kirkland said that since bond funds from previous years have been spent, the library's proposed $2.4 million budget for FY 1994-95 was comparable to budgets from the mid- 1980s. Mr. Mark Jaggard also urged the Council to allocate more funds for books and programs and to continue the library's existing services. Mr. Joe O'Brien, 4130 Pompano, stated that $100,000 which had originally been allocated to the Downtown Management District be reallocated to the library budget. He also questioned when the planned southside fire station would be built, and stated his opposition to the six percent utility fee increase which the Council had approved in December 1993. Minutes Regular Council Meeting July 12, 1994 Page 3 Responding to Mayor Rhodes, City Manager Garza said that the city could provide funding to the Downtown Management District on a contingency basis until it is determined if the DMD will be able to raise its own funds. He also gave a short explanation of the funding package designed for capital improvements to the utility system as well as alternate water resources. Referring to a statement made by Mr. O'Brien, Mayor Rhodes acknowledged that at one time she felt the Economic Development Corporation should fall under the auspices of the city, but she said that she no longer feels that way. Also referring to one of Mr. O'Brien's comments, Mr. Garza stated that funds for the new southside fire station were not available in the proposed budget, but plans would be made to begin preparing for that construction. Responding to Council Member Best, Mr. Jaggard stated that the library staff had requested approximately $50,000 more for administrative expenses and $175,000 for the book budget than what was allocated in the proposed budget. In response to Council Member Moss, Mr. Garza explained that $235,000 from the sale of the Frost Brothers building was reimbursed to the Corpus Christi Community Improvement Corporation. Mr. Moss asked if those funds could be transferred to the library fund, and Mr. Garza stated that the library was seeking permanent funding. Mr. Moss suggested that the revenue from the fines and fees charged by the libraries be earmarked for the library fund, not for the General Fund as they had in the past. Mr. Garza replied that it was in the Council's authority to do so, but the libraries' revenues would not be sufficient to support its budget --it would still need tax dollars from the General Fund to break even. Upon Mr. Moss's suggestion, Mr. Garza added that the Council could vote to earmark for the Library Department only those revenue funds acquired over and above the revenue budget. Council Member McNichols pointed out that the proposed budget did not raise the property tax rate, even though there are many unmet needs in the community which could be funded with an increase in property taxes. Responding to Dr. McNichols, Mr. Garza noted that the proposed budget also maintained the current level of city services. Council Member Longoria expressed her support of earmarking excess revenue funds to the library budget during the next fiscal year. Mayor Rhodes noted that advocacy groups such as the Friends of the Library are important, adding that some city departments do not have such advocacy groups supporting their objectives. Council Member Galindo proposed that staff and Council determine a way to provide more money to the library's book fund. A brief discussion ensued regarding revenues presently being generated at the libraries. Minutes Regular Council Meeting July 12, 1994 Page 4 Mr. Phil Rosenstein, 949 Bobalo Dr., stated that police and fire protection should be the city's main priority and the employees in those departments should be fairly compensated. Ms. Gloria Perez, 1317 7th St., stated her opposition to the utility rate increase, adding that any available funds should be allocated to low-income families to assist them in paying their utilities. Mr. Abel Alonzo, 1701 Thames, an advocate for the disabled, stated that even though the city has improved accessibility for disabled persons, more work needed to be done. He encouraged the Council and staff to seek additional funding sources, such as working with the Regional Transportation Authority. Mr. O.K. Smith, 1802 Amazon, and a member of the board of directors of the Volunteer Center, said the Volunteer Center was asking for $6,400 in support of the Alternative Community Service Program. He thanked the Council for their support in the past, explaining that to date, the Volunteer Center has placed over 7,000 referrals in community service from the Municipal Court system through 80 different agencies. Mayor Rhodes noted that the Volunteer Center's request was included in the proposed budget. Mr. Leon Perez, 904 Buford, stated that he was opposed to the utility rate increase. Mr. John Tanguma, president of the Corpus Christi Firefighters Association Local 936, urged that the firefighters and EMS personnel be paid professional wages, explaining that currently, most local firefighters are being paid three to six percent below the state average. He noted that the firefighters had not received a pay increase since August 1992. Council Member Longoria made a motion to close the public hearing on the budget, seconded by Dr. Best, and passed unanimously. Mayor Rhodes said that the citizens' comments during the public hearing were indicative of the budget process: half the group wants more services and the other half wants no fee increases, which results in a difficult balancing act. Mr. Galindo reemphasized the need to allocate funds to hire two additional neighborhood improvement inspectors. Responding to Dr. McNichols, Mr. Garza stated that the vast majority of lease/purchase agreements were in the Maintenance Services Department, through which most of the equipment is purchased; it was not included as part of the debt service. Council Member Noyola expressed his support for the proposed budget. Minutes Regular Council Meeting July 12, 1994 Page 5 Regarding the need for a larger book budget for the library, he suggested that funds might be obtained through the school districts. He also stated his support of fire and police personnel. In response to Mr. Moss, Mr. Garza stated that the first vote on the proposed budget was planned for the next Council meeting on July 19, 1994, with the final vote on July 26, 1994. Mr. Moss asked that his previous suggestion regarding earmarking excess library revenues to the Library Department be included as an addendum to the proposed budget. Replying to Mr. Galindo, the City Manager explained that improvements to water and wastewater systems are financed through revenues from the combined utilities -- water, wastewater and gas. Mrs. Longoria asked how much it would cost to hire the two new inspectors referred to by Mr. Galindo, and Mr. Garza replied that it would cost approximately $59,000; he added that there are currently eight neighborhood inspectors. Mrs. Longoria stated her support for the two additional inspectors. Mr. Garza noted that it was the goal of the Community Development Department to become more proactive --initiating neighborhood improvements instead of just responding to complaints. Mayor Rhodes stated that the calls she has received from citizens did not indicate that there was an urgent need for two additional neighborhood inspectors. She asked Mr. Garza to give his recommendation whether funds should be allocated for two new inspectors. A brief discussion ensued regarding funding for those two proposed positions. Referring to a letter from a citizen in his district about street repairs, Dr. McNichols stated that unmet needs in the city, such as street repairs, will continue to remain unfunded due to insufficient revenue, which continues to create problems for citizens. Responding to Dr. Best, Mr. Garza stated that grant monies from the Federal Aviation Administration (FAA) are used to improve such areas as the apron at the Corpus Christi International Airport. Other improvements that are needed must be funded, when possible, through the city's capital improvements reserve account. He added that the city is now able to use the passenger facility charges as the city's portion of the FAA matching grants. A brief discussion ensued regarding needed improvements at the airport. Council Member Cooper stated her support of the proposed budget, noting that it was a fair allocation of the available funds. She said she would be in favor of additional funds for the library if they can be obtained. She acknowledged that each Council Member would like to have more money allocated for projects or improvements in their districts, but that is impossible unless taxes are raised, which is an unpopular proposal. Minutes Regular Council Meeting July 12, 1994 Page 6 Mayor Rhodes opened discussion on Item 2, closing of street sections for the Texas Jazz Festival. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Saundra Koenning polled the Council for their votes as follows: 2. M94-173 Motion approving the application by the Texas Jazz Festival Society for closing the following street sections for activities associated with the 34th Annual Texas Jazz Festival on July 29-31, 1994: a. 300-500 blocks of North Chaparral (William Street - Peoples Street) b. 300-400 blocks of Schatzel Street (Water Street - Mesquite Street) c. 300-400 blocks of Lawrence Street (Water Street - Mesquite Street) The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Mayor Rhodes opened discussion on Item 3, authorization of the sale of foreclosed properties. Mayor Rhodes called for comments from the audience, and there were none. Responding to Council Member Moss' question, City Manager Garza stated that the city may have liens filed on a particular piece of property for mowing, demolition or other matters; however, there are only a few properties in the city where the taxes and liens exceed the appraised value. He also discussed the factors that are considered in whether to foreclose on a piece of property. Assistant City Secretary Koenning polled the Council for their votes as follows regarding resolutions authorizing the sale of foreclosed properties as follows: 3.a. RESOLUTION NO. 021977 Lots 13 and 14, Block 3, San Pedro Addition, City of Corpus Christi, Nueces County, Texas (719 Dolores Street); prospective buyer is Abelardo Teniente; and amount offered is $3,500. Minutes Regular Council Meeting July 12, 1994 Page 7 The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 3.b. RESOLUTION NO. 021978 The North 1/: of Lot 6, Block 23, Meadow Park Addition, City of Corpus Christi, Nueces County, Texas (401 Osage Street); prospective buyers are Gilberto and Gloria Gutierrez; and amount offered is $1,350. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 3.c. RESOLUTION NO. 021979 Lot 16, Block 2, Home Place, City of Corpus Christi, Nueces County, Texas (214 17th Street); prospective buyer is Adan Rangel; and amount offered is $750. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 3.d. RESOLUTION NO. 021980 The South 28 feet of Lot 5, Block 19, Central Park Unit 4, City of Corpus Christi, Nueces County, Texas (3800 block of Lincoln Street); prospective buyers are Mr. and Mrs. Walter Jones; and amount offered is $500. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 3.e. RESOLUTION NO. 021981 The South ' of Lot 2, Block 19, Meadow Park Addtion, City of Corpus Christi, Nueces County, Texas (300 block of Virginia Street); prospective buyer is Ernestina R. Pantoja; and amount offered is $600. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Referring to the previous discussion regarding foreclosures, Mr. Garza noted that staff was not aware of any large developers who were delinquent on their payments. Mayor Rhodes opened discussion on Items 4.a. through 4.e., appropriations and Minutes Regular Council Meeting July 12, 1994 Page 8 contracts associated with the Corpus Christi International Airport. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 4.a. ORDINANCE NO. 021982 Ordinance appropriating a Federal Aviation Administration Grant in the amount of $2,693,322 for various improvements included in Grant No. AIP 3-48-005 1-20-94 and appropriating $371,552 of Passenger Facility Charge Revenues of which $259,951 will be allocated to reimburse Capital Reserve Funds advanced for the ARFF Building and electrical improvements projects and $111,601 will be allocated to the Commercial Apron and Runway 13/31 Rehabilitation projects. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 4.b. M94-174 Motion awarding a contract to Harrop Construction, Inc. in the amount of $400,143.17 to rehabilitate the Commercial Aviation Apron. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 4.c. M94-175 Motion awarding a contract to Kinsel Industries, Inc. in the amount of $498,659.60 to rehabilitate portions of Runway 13/31. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 4.d. M94-176 Motion awarding a contract to Bay, Inc. in the amount of $1,101,185.20 to construct the west General Aviation Apron improvements and the Taxiway "G" paving and lighting improvements. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Minutes Regular Council Meeting July 12, 1994 Page 9 4.e. M94-177 Motion approving Amendment No. 6 to the contract for Engineering Services with Russell-Veteto in the amount of $58,810 for construction phase services associated with projects included in AIP No. 3-48-005 1-20-94. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Mayor Rhodes opened discussion on Item 5, amending the Code of Ordinances regarding traffic. Responding to Council Member Galindo, Mr. Carl Crull, Director of Engineering, explained that the city's current traffic ordinances were written prior to the establishment of center turning lanes. He said the proposed ordinance would, among other things, allow for motorists to turn into the center turn lane from an intersecting cross street or driveway in order to merge with the main street traffic. He added that it would also restrict left turns in certain areas of the city during certain hours of the day. 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. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 -Traffic, Article V - Operation of Vehicles, Section 53-120 - Left Turn Restricted and Section 53-121 - Emerging From or Entering Alley, Private Driveway, Building, Etc.; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Cooper and Martin absent. Mayor Rhodes opened discussion on Item 6, on -board scales and computers for Solid Waste packer trucks. City Manager Garza noted that this item had been postponed during a previous Council meeting, and he brought it back for consideration because he was convinced that use of the proposed scales and computers would significantly reduce the wear and tear Minutes Regular Council Meeting July 12, 1994 Page 10 on the packer trucks and on the streets, which converts into future savings for the city. Council Member Moss commented that other steps could be taken to avoid overloading of the packer trucks, rather than purchasing the scales. Mr. Garza responded that there are many times when the Solid Waste Services employees are not be able to accurately determine the weight of the garbage in the trucks (such as when the garbage is wet), and the scales and computers enable them to do that. Council Member McNichols said that he and other members of the Administrative Analysis Committee felt a manual system could be developed to extensively train the employees about the proper packing of the trucks to avoid overloading. He noted that the proposed scales would only outfit half of the fleet of trucks, and that the total expenditure for scales and computers would eventually be approximately $500,000. Mr. Garza stated that the crews are already employing those manual analyses. He added that the scales, which would increase the crews' efficiency, would be an investment which would pay for itself. Council Member Galindo gave a variety of reasons why he did not support the proposed ordinance, including the expense of the scales. Responding to Council Member Longoria, Mr. Garza explained how the new system on the trucks would prevent overloading. Council Member Noyola expressed his opposition to the purchase of the scales. Council Member Cooper stated that she supported the proposition because of the savings that would be incurred through Tess wear and tear on the trucks and the streets on which they travel. Council Member Best cautioned the other Council Members about trying to micro - manage the city; he noted that the City Manager was hired to make managerial decisions and it was the Council's job to make policy decisions. Dr. McNichols responded that it was the Council's job to decide whether to spend the taxpayers' money on such large expenditures as the truck scales. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 6. M94-178 Motion to approve the purchase of twenty-two On -Board scales, including system up -grade, and two hand-held computers in accordance with Bid Invitation No. BI - 204 -94, from Davis Truck and Equipment Company, San Antonio, Texas, based Minutes Regular Council Meeting July 12, 1994 Page 11 on sole source. The total expenditure is $244,960. The equipment was budgeted as lease purchase items in the 93-94 budget as part of the Solid Waste packer trucks. The scales and system upgrades, $239,360, will be funded through the lease/purchase line of credit contract with GE Capital. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, and Moss voting "Aye'; Galindo, McNichols and Noyola voting "No"; Martin absent. Mayor Rhodes opened the public hearing on the following zoning application: 7. Case No. 694-2, Harry Williams: A change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Colonia Hidalgo, Block 6, Lot 14C, located on the south side of West Point Road, approximately 100 feet west of Barrera Drive. Mayor Rhodes stated that the Planning Commission and staff recommended approval. Mayor Rhodes called for comments from the audience, and there were none. Council Member Moss made a motion to close the public hearing, seconded by Council Member Cooper, and passed unanimously. Council Member Noyola, in whose district the proposed zoning change would occur, stated that he had received calls from his constituents opposing the proposed change. He said that problems would occur if the proposed business (a repair shop for furniture and appliances) would open on that property. Mr. Brandol Harvey, Director of Planning and Development, explained that the applicant, Mr. Harry Williams, was proposing that the lot in question be zoned "B-1" Neighborhood Business District, which would match the zoning of the lots on either side. Mr. Harvey added that when the three lots are combined, they meet the required lot area and frontage standards. Mr. Noyola reiterated his opposition to the proposal. Council Member Galindo said he opposed the zoning change because of the proximity of residences. Responding to Council Member Longoria, Mr. Tom Utter, Group Manager of Development Services, explained that the subject property was an isolated piece of "R- 1 B" residentially zoned property between two "B-1" zoned properties. Mr. Harvey then showed a video of the subject property. Minutes Regular Council Meeting July 12, 1994 Page 12 Assistant City Secretary Koenning polled the Council for their votes as follows: FAILED. An emergency was declared and the foregoing ordinance failed by the following vote: Rhodes, Best, Longoria, and Moss voting "Aye"; Galindo and Noyola voting "No"; Cooper, Martin and McNichols absent. Mayor Rhodes opened the public hearing on the following zoning application: 8. Case No. 694-3, Gabe Lozano, Jr.: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Phillips Addition, Block A, Lot 14, located on the east side of Cleo Street, approximately 70 feet north of Baldwin Boulevard. Mayor Rhodes stated that the Planning Commission and staff recommended approval. Mayor Rhodes called for comments from the audience, and there were none. Council Member Best made a motion to close the public hearing, seconded by Mayor Rhodes, and passed unanimously. Responding to Council Member Galindo, Mr. Harvey explained that a special permit was not considered in this case because it was not deemed necessary; he added that the staff and Planning Commission felt that the "AB" zoning for the subject property (on which the owner said he will build a parking lot) would be beneficial to the neighborhood. Mr. Galindo made a motion that the "AB" zoning be denied and in lieu thereof, issue a special permit to build a parking lot. The motion died for lack of a second. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO. 021983 Ordinance amending the Zoning Ordinance upon application by Gabe Lozano, Jr., Minutes Regular Council Meeting July 12, 1994 Page 13 by changing the Zoning Map in reference to Phillips Addition, Block A, Lot 14, from "R -1B" One -family Dwelling District to "AB" Professional Office District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Longoria, McNichols, and Moss voting "Aye"; Galindo voting "No"; Martin and Noyola absent. Mayor Rhodes opened the public hearing on the following zoning application: 9. Case No. 694-4. Sunrise Clock Shoppe. Inc.: A change of zoning from "R -1B" One -family Dwelling District to "8-1" Neighborhood Business District on Alameda Park, Block 6, Lots 33 and 34, located on the east side of Everhart Road, approximately 250 feet south of Avalon Street. Mayor Rhodes stated that the Planning Commission and staff recommended denial of the zoning application. Mr. Harvey showed a video of the subject property and described the area surrounding it. Mayor Rhodes called for comments from the audience. Mr. Joel Ferris, 4106 Woodland Creek, owner of the Sunrise Clock Shoppe Inc. (the applicant), addressed some of the Planning Commission's and staffs concerns regarding the subject property. He said the street in front of the property had just been restriped to include a fifth lane, and his survey of his business indicated an average of seven cars entering and leaving the parking lot each day. He said the number of renters far exceeded the number of homeowners on the block. Responding to Council Members' questions, Mr. Ferris described the lots surrounding his business. Responding to Council Member Longoria, Mr. Utter stated that the staff predicted the east side of Everhart Road near the subject property would probably be zoned "AB" in the future; across the street there are stable residences. Mr. Harvey explained that the applicant had requested "B-1" zoning because his business did not meet the requirements for "AB" zoning, which is specifically designed for low -intensity personal and professional service operations (professional offices, etc.); "B-1" zoning allows for almost any retail use that does not require outside storage. Mayor Rhodes stated that a special permit could meet the applicant's needs, and Council Member Cooper stated her support of that. Minutes Regular Council Meeting July 12, 1994 Page 14 Mr. Harvey suggested that the subject property and an adjacent lot owned by the applicant be combined and replatted, resulting in a larger, more viable lot in which parking could be permitted. Council Member Cooper made a motion to deny a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Alameda Park, Block 6, Lots 33 and 34, located on the east side of Everhart Road, approximately 250 feet south of Avalon Street, and in lieu thereof, granting a special permit subject to specified conditions; seconded by Council Member Moss. Mr. Galindo stated that he would not be in favor of the special permit until it can be determined how much the replatting requirements would cost the applicant. Responding to Dr. McNichols, Mr. Harvey stated that the lots in the area of the subject property will probably eventually evolve from "AB" zoning to "B-1" zoning. Mr. Ferris said he would be agreeable to the replatting provision. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO. 021984 Amending the zoning ordinance upon application by Sunrise Clock Shoppe, Inc., by granting a special permit for clock sales and service shop subject to two (2) conditions on Alameda Park, Block 6, Lots 33 and 34; and providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 25, and Council Members requested that Items 10, 12, 14, 17 and 19 be withheld for discussion. Assistant City Secretary Koenning polled the Council for their votes and the following were passed: 11. M94-180 Motion approving the purchase of emergency information system software from EIS International, Rockville, MD, for the amount of $28,700, and eight GE 800 MHz radios from Ericsson GE, Portland, Texas for the amount of $18,699.15, Minutes Regular Council Meeting July 12, 1994 Page 15 based on sole source. The software and radios are for the Police Department, Emergency Management Division. The equipment will be used by the City, Naval Air Station and the Department of Public Safety, and funding will be provided by reimbursement from the Texas Department of Public Safety through an interlocal agreement between the State of Texas and the City. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 13. M94-182 Motion approving the purchase of three modular play systems with accessories in accordance with Bid Invitation No. BI -0142-94, from Thompson Recreation Products, New Braunfels, Texas, based on the only bid of $24,991.59. These play systems will be installed by Park & Recreation Department's construction crews at Retta Park, Camargo Park, and the Father Fernandez site. Funds are available from the Retta Park Trust Account, Park Bonds and the 18th year CDBG. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 15. M94-184 Motion approving a supply agreement for 3,100 tons of sandy loam in accordance with Bid Invitation No. BI -0203-94 with Haas Resources Company, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $26,350. The term of the contract shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Parks and Recreation, Gas, Water, Wastewater and the Street Department in FY 93-94 and requested for FY 94-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 16. M94-185 Motion awarding a contract in the amount of $167,721.72 to the Pat Baker Company, Inc. to improve the spur railroad track serving the O.N. Stevens Water Plant. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Minutes Regular Council Meeting July 12, 1994 Page 16 18. M94-187 Motion awarding a contract in the amount of $55,266.75 to A. Ortiz Construction & Paving, Inc., to remove and replace curb and gutter on Lum Street between Kimbrough and McArdle. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 20. M94-189 Motion authorizing the acquisition of Parcels 2 and 3 located on Greenwood Drive between Padre Island Drive and Holly Road for $45,000 in connection with the Greenwood Drive Improvements Project. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 21. ORDINANCE NO. 021985 Ordinance authorizing the execution of an Assignment of Lease agreement with Pittencrief America, Inc. for a Surface Lease for directional drill sites. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 22. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 -Traffic, Article V - Operation of Vehicles, Section 53-131, 53-132, and 53-133 relating to placement of Stop and Yield signs on streets intersecting with through streets; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 23. ORDINANCE NO. 021986 Authorizing the Issuance of a Certificate of Convenience and Necessity to Mr. Mike Pokrass, President and Owner of "A Taxi" Cab Company for the operation of a maximum of five taxicabs within the City of Corpus Christi for a five-year period effective upon final reading of ordinance; subject to compliance with all terms and Minutes Regular Council Meeting July 12, 1994 Page 17 conditions established in Chapter 57, Article II, Taxicabs, of the Code of Ordinances. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Noyola voting "No"; Martin absent. 24. ORDINANCE NO. 021987 Amending the Code of Ordinances, Chapter 53 -Traffic, Article VIII - Schedules, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by reducing the speed limit on Rodd Field between Saratoga Boulevard and the South City Limits from 55 MPH to 50 MPH; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. 25. ORDINANCE NO. 021988 Authorizing the City Manager to execute a five year lease agreement with Bayfest, Inc. for the use of the Grande -Grossman House, parts of lots 4, 5, and 9, block 61, Beach Addition, in Heritage Park as their business offices; for a monthly fee of $325; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Mayor Rhodes opened discussion on Item 10, purchase of a Chevrolet Suburban through a grant from the Coastal Bend Health Facilities Development Corporation. Responding to Council Member Galindo, City Manager Garza explained that Fire Chief J.J. Adame was requesting a larger vehicle to accommodate the larger equipment being transported by emergency medical staff. He explained the ways in which the equipment would be utilized and the necessity of the larger vehicle at emergency scenes. Council Member McNichols further explained the benefit of having the equipment available. In response to Council Member Moss, Mr. Garza stated that it was the staffs policy to seek bid's from companies in the area, and only one bid was received. Minutes Regular Council Meeting July 12, 1994 Page 18 Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 10. M94-179 Motion approving the purchase of one Chevrolet Suburban, in accordance with Bid Invitation No. BI -0213-94, from Bay Chevrolet, Corpus Christi, on the basis of only bid in the amount of $23,911. Funds in the amount of $22,800 are made available through a grant from Coastal Bend Health Facilities Development Corporation. The remaining funds are from the Fire/EMS 93-94 capital outlay budget. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Mayor Rhodes opened discussion on Item 12, purchase of computers. Council Member Galindo made a motion to table the proposal for one week to review the specifications regarding the requirement that the computers be a specific brand. Mr. Garza replied that the city's contract with the state for the grant monies required that particular brand. Mayor Rhodes called for a voice vote on the motion and it failed. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 12. M94-181 Motion approving the purchase of three personal computers in accordance with Bid Invitation No. BI -245-94 from Vanstar, Inc., Corpus Christi, based on low bid of $26,325. The computers are for the Police Department, Emergency Management Division and will be used by the City, Naval Air Station and the Department of Public Safety. Funding will be provided by reimbursement from the Department of Public Safety through an interlocal agreement between the State of Texas and the City. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No"; Martin absent. Minutes Regular Council Meeting July 12, 1994 Page 19 Mayor Rhodes opened discussion on Item 14, supply agreement for lawn maintenance. Council Member Moss questioned the ability of the contractor which was awarded the agreement to perform the work required, and Mr. F.D. Glenn, Purchasing Agent, responded that staff did have experience with the contractor. Mr. Garza noted that in the event the contractor does not perform satisfactorily, the city can cancel the contract. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 14. M94-183 Motion approving a supply agreement for lawn maintenance of 15 locations belonging to the Water Department in accordance with Bid Invitation No. BI -0196- 94 with Galbraith Enterprises, Portland, Texas based on the low bid of $31,780. The term of the contract will be 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 included in the Water Department Budget FY 93-94 and have been requested for FY 94-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Mayor Rhodes opened discussion on Item 17, rehabilitation and repainting of the Tule Lake Lift Bridge. Responding to Council Member McNichols, Mr. Crull stated that a replacement of the Tule Lake Lift Bridge, a mid-level bridge which the Port of Corpus Christi would like to have, would cost approximately $30 million. He explained the importance of the present bridge, adding that the proposed major maintenance was the first to be performed since the bridge was built in 1960. Council Member Cooper asked why the Texas Department of Transportation had not discovered some of the lift bridge's problems sooner, and Mr. Crull responded that he could not answer since the city was relying on TXDOTs expertise in the matter. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: Minutes Regular Council Meeting July 12, 1994 Page 20 17. M94-186 Motion authorizing an additional payment of $15,721.04 to Nueces County as partial payment of the City's share of costs associated with the rehabilitation and repainting of the Tule Lake Lift Bridge. A previous refund in the amount of $57,309.96 will also be returned. The total payment to Nueces County will be $73,031. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, McNichols, Moss, and Noyola voting "Aye"; Galindo and Martin absent. Mayor Rhodes opened discussion on Item 19, rejection of bids for supply agreement on mowing. Responding to Dr. McNichols, Mr. Garza stated that he was gathering figures to determine if it would be more economical for the city to undertake the mowing operations rather than contract it out. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 19. M94-188 Motion rejecting bids received under Bid Invitation No. BI -0158-94 for a supply agreement for the mowing of approximately 651 acres of street right-of-way for the Stormwater Activity based on lack of competition. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, McNichols, Moss, and Noyola voting "Aye"; Galindo and Martin absent. Mayor Rhodes recognized two members of the audience who had wanted to address Item 23 on the consent agenda, second reading of an ordinance authorizing the issuance of a Certificate of Convenience and Necessity to Mr. Mike Pokrass, president and owner of "A Taxi" Cab Company. Ms. Stephanie Fisher, manager of Yellow Checker Cab Company in Corpus Christi, stated that due to an emergency at her business she was not able to attend the June 28, 1994 Council Meeting when the ordinance was discussed and passed on first reading. She questioned Mr. Pokrass' experience and ability to operate a taxi cab company. Minutes Regular Council Meeting July 12, 1994 Page 21 Mayor Rhodes stated that the Council had agreed to grant five operating permits to Mr. Pokrass but would not look favorably on granting more taxi cab permits in the future unless a definite need could be demonstrated. Mr. Sterling Branscomb, an employee of Yellow Checker Cab Company, said that he had also not attended the June 28, 1994 Council meeting, and stated his opposition to the granting of permits to Mr. Pokrass. Mayor Rhodes announced the closed session as follows: 26. Closed session pursuant to Texas Government Code Sections 551.071 and 551.074 regarding appeal of Charles Maxwell from decision of the Civil Service Board; with action of such appeal in open session. 27. Closed session pursuant to Texas Government Code Sections 551.071 regarding Ruth Ann Lee, et al v. City of Corpus Christi, No. 93-1574-C, 94th District Court, Nueces County, Texas; with possible action approving settlement thereof in open session. The Council went into closed session. The Council returned from closed session. Regarding Item 26, Mayor Rhodes made a motion as follows: pursuant to Section 2-38 of the City Code, (1) that the City Council find, based upon the written statements filed by the appealing party and the prevailing party, that the Civil Service Board decision upholding the termination of Charles Maxwell was supported by sufficient evidence and facts have not been presented which would justify reversal of the board's decision, and (2) that the appeal of Charles Maxwell be denied without further proceedings. The motion was seconded by Council Member Noyola City Secretary Chapa polled the Council for their vote on the motion, and the motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. (M94-190) In reference to Item 27, Mayor Rhodes made a motion as follows: that the City Manager be authorized to execute an agreement settling the claims of Ruth Ann Lee and her husband, Roger Lee, in the case of Ruth Ann Lee, et al v. City of Corpus Christi, No. 93-1574-C, 94th District Court, Nueces County, Texas, for $130,000, in accordance with the settlement negotiated by the city's attorney. The motion was seconded by Council Minutes Regular Council Meeting July 12, 1994 Page 22 Member McNichols. City Secretary Chapa polled the Council for their vote on the motion, and the motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Noyola voting "Aye"; Moss voting "No"; Martin absent. (M94-191) Mayor Rhodes called for the City Manager's report. Mr. Garza stated that the slips in the marina were beginning to be rehabilitated. Mayor Rhodes called for Council concerns and reports. Dr. Best stated that the Consolidation Committee would meet on Friday, July 15, 1994 at City Hall. He added that he, Nueces County Judge Robert Barnes and Deputy City Manager Bill Hennings met on July 8, 1994 to discuss plans for the meeting. He commented on the meetings being held about desalinization. Responding to Mr. Moss regarding closing of streets for the Texas Jazz Festival (Item 2 on the day's agenda), Mr. Utter explained that the Jazz Festival organizers had obtained the necessary permission from the property owners in the areas of the closed streets only recently, even though the Jazz Festival had been promoted before that time. A brief discussion ensued. Mr. Moss also encouraged the city to develop an aggressive plan to market the marina. Regarding lease/purchase agreements versus bonds, Mr. Garza stated that according to the city's financial advisor, the lease/purchase agreements were still more economical. Mr. Galindo announced that on July 27, 1994 the Corpus Christi Barracudas baseball team would be holding a special game in which the admission would be a baseball, glove or bat which would be donated to the YMCA and the Boys and Girls Club. Mrs. Longoria invited the Council Members to a ribbon cutting ceremony at the Nueces River Park on July 19, 1994 at noon. She also noted that there was a dilapidated building on the north end of Daws Street which needed attention. Dr. McNichols distributed information regarding bills being introduced in the U.S. House and Senate relating to the city's Choke Canyon debt. He thanked Congressman Solomon Ortiz and Senator Kay Bailey Hutchison for their support and efforts. Mayor Rhodes announced that it was her intention to make a motion during the July 19, 1994 Council Meeting to rescind the vote on the Harry Williams zoning case No. Minutes Regular Council Meeting July 12, 1994 Page 23 694-2 (Item 7 on the day's agenda), and she requested the City Manager to put the item back on the agenda pending the outcome on the rescind vote. She said City Attorney James Bray would provide the Council Members with a legal opinion about the matter this week. Mayor Rhodes called for petitions from the audience. Ms. Dina Rodriguez, owner of D&J Taco and Grocery at 749 Horne Rd., stated that she had made several complaints regarding Body Rocks bar at the corner of Barrera and Horne roads. She said that the patrons of the bar are very violent. Responding to Mayor Rhodes, City Manager Garza stated that Police Chief Henry Garrett had begun compiling an activity record on the bar. Mr. Garrett confirmed that the Texas Alcohol Beverage Commission was working with the Police Department on the situation. Ms. Rosie Perez, 4146 Barrera, described the violence that occurs at the bar and how it negatively affects the residents in the area. Ms. Clara Martinez, 4129 Barrera, a resident of that address for 43 years, also complained about the bar and asked the city's assistance in the matter. Mayor Rhodes asked Chief Garrett to keep the Council updated on the situation. Council Members Galindo and Noyola asked Mayor Rhodes why the Harry Williams zoning case would be considered during the July 19, 1994 meeting, and Mayor Rhodes replied that Mr. Bray would be sending the Council Members a legal opinion on the matter. A discussion ensued, during which Mayor Rhodes noted that the City Charter gives the Mayor certain rights not afforded to Council Members, including the right to veto. Mr. Bray added that according to a precursory review of Robert's Rules of Order, it was his tentative opinion at that point that a motion to reconsider could be introduced. He said that Mayor Rhodes' action was to preserve the possibility of bringing the item back. Council Member Longoria stated that the Council had an obligation to be present in the Council Chambers when votes were being taken, particularly on zoning cases which are brought to the Council by citizens. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:10 p.m. on July 12, 1994.