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HomeMy WebLinkAboutMinutes City Council - 09/08/1998I 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 September 8, 1998, which were approved by the City Council on September 15, 1998. WITNESSETH MY HAND AND SEAL, this 15th day of September, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 8, 1998 2:02 p,m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Edward A. Martin Council Members: Javier D. Colmenero Melody Cooper* Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Dr. David McNichols City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Ned Bowersox, Church of the Good Shepherd Episcopal, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Colmenero. 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 Neal called for approval of the minutes of the regular Council meeting of August 25, 1998, and there being no corrections, he proclaimed them approved as presented. ************* Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: CC. Museum of Science & History Henry Brennecke (Reappointed) Gwen Henzi (Reappointed) Tony Diaz (Reappointed) Woody Riley Arthur E. Howerton Landmark Commission Sharon Brower Kevin Maraist Elizabeth Rentz Minutes Regular Council Meeting September 8, 1998 Page 2 Sister City Gary Hansen (Reappointed) Rachel Gonzalez (Reappointed) Rose Gunji (Reappointed) Elizabeth Iglesias (Reappointed) Joe Garcia (Reappointed) Rene Cantu ** Committee Patrick Carroll Drue Combs Sue Delaney Batyah Joseph Charles Tamez * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was made by Mr. Mike Lind, Vice President of Bayfest Inc., who described special features of this year's Bayfest celebration scheduled for September 25-27. He said some of the entertainers include Pam Tillis, John Kay, Ramon Ayala, Johnny Lee, Chris Ledoux, and others. He invited the City Council and citizens to participate in the event. *Council Member Cooper arrived at 2:13 p.m. The next presentation was made by Fire Chief J.J. Adame, who gave an update on the hydrogen gas pipeline explosion that occurred on August 28, 1998. Chief Adame noted that units from the Corpus Christi Fire Department, Police Department, Annaville Volunteer Fire Department, the Refinery Terminal Fire Company, and local refinery personnel responded to the explosion. He described the chronology of the incident and specific requirements of the city's pipeline ordinance as it pertains to pipeline locations and inspections. Chief Adame pointed out that the city's emergency responders have procedures in place to deal with emergencies such as the pipeline explosion, including notifying residents in the area either to evacuate or shelter in place as needed; securing a perimeter around the area; and determining ownership of the specific pipeline. The HazMat Team is responsible for conducting air monitoring operations, while pipeline industry personnel shut down the affected system. The Chief then answered Council members' questions concerning available maps of the pipelines, notification of citizens and the media, and the location of monitoring stations. City Manager Garcia pointed out that after the explosion, the Fire and Police Departments quickly established that it did not represent a threat to surrounding properties or people's lives; at that point they focused on identifying the pipeline and shutting it down. The last presentation concerned the comprehensive strategy for implementing the Commission on Children and Youth master plan. Ms. Paige Dinn, Chairperson of the Commission, pointed out that the City Council approved the master plan in April 1997. She said the city has received the Community Youth Development grant (better known as the 78415 grant) and it is also Minutes Regular Council Meeting September 8, 1998 Page 3 eligible for technical assistance and training through the federal government to provide better services for youth and assistance in coordinating those services. Ms. Dinn said one of the aspects of the master plan was the creation of the Youth Services Coordinator position. Nueces County Sheriff Larry Olivarez explained that in November 1997 his department obtained a federal community -oriented universal hiring grant in order to hire the Youth Services Coordinator. He said 80% of the cost is paid by the federal grant and 20% is paid by the Sheriff's Department and the United Way of the Coastal Bend. He expressed enthusiasm about the prospect of reducing the crime rate, particularly gang -related problems, throughout the county. The Sheriff then introduced Mr. Jonathan Cloud and Mr. Frederick Mills of Developmental Research and Programs Inc. and the National Council on Crime and Delinquency. Mr. Mills explained that the Office of Juvenile Justice and Delinquency Prevention, within the U.S. Department of Justice, developed a training and technical assistance grant called the comprehensive strategy for serious, violent, and chronic youthful offenders. He said the Criminal Justice Division of the Texas Governor's Office, in concert with the Texas Department of Protective and Regulatory Services, applied for and received that grant. Of the six states awarded the grant, Texas was selected because efforts are being made to address crime on a comprehensive basis. Mr. Mills said that five Texas sites were chosen --Corpus Christi, Houston, Galveston, Brownsville, and McAllen. He said Corpus Christi has demonstrated support of five critical guiding principles for preventing and controlling juvenile crime and violence: strengthen the family; support core social institutions; promote delinquency prevention; intervene immediately and effectively; and establish a system of graduate, progressive sanctions to control serious and violent youth behavior. Mr. Cloud said the training and assessment involves three stages: examine what programs have been implemented in the past; examine the current status; and determine the route to take in the future. He cited examples of programs that have been developed, including TECAP, Vision 2000, the United Way's Project Compass, the Commission on Children and Youth's master plan, and a program entitled "New Generations --Voices for Youth." Mr. Cloud said research supports the conclusions and recommendations made by the Commission's master plan, particularly the emphasis on the three main issues of prevention, intervention, and enforcement, which he described. Mr. Cloud added that six groups have been organized and will be working together during the next few months to implement the master plan through three main tasks: assess the master plan using data; enhance the master plan using research; and develop outcome measures to support the master plan. Mayor Neal thanked the entities involved and he said they are looking forward to their results. * * * * * * * * * * * * * Minutes Regular Council Meeting September 8, 1998 Page 4 Before calling for petitions from the audience, Mayor Neal said that he has tried to allow open public comment sessions during the City Council meetings. He said an incident occurred during the last Council meeting on August 25th that he will not accept as appropriate conduct in the future. He said the Council wants to hear comments from people about issues of concern, and they will respect citizens as long as they respect the Council members and other citizens who might be affected by comments that are made. The Mayor then read a portion of a resolution passed by the Council on March 22, 1994, regarding rules of decorum: "No Council member, staff person, or members of the audience shall berate, embarrass, accuse, or show any personal disrespect for any member of the staff, Council members, or the public at any Council meeting." He said that statement will be published on the weekly Council meeting agendas; he then called for petitions from the audience, Mr. Jose Marroquin referred to his July electric bill from Central Power and Light, which he said had increased by 65% from previous bills. He said CPL has established peak and off-peak seasons of usage, which changes the amount that is charged per kilowatt hour. Mr. Marroquin said he complained about this to the Public Utility Commission and the Better Business Bureau. City Attorney Bray replied that the City Council's rate -making authority is only in the initial instances in the same way as the other cities in CPL's service area. He said once the City Councils make an appropriate rate setting, the decision is appealed to the PUC of Texas, which has the final authority over utility rates generally. He said Corpus Christi and other cities have within the last several years instituted a rate reduction, which was ultimately upheld with modifications at the PUC. Mr. Marroquin said the PUC told him that they have no authority to reverse CPL's rates, and he said that agency should provide protection to consumers. Mayor Neal said someone from the utility department or a representative of CPL could assist Mr. Marroquin in understanding CPL's bill. Council Member Gonzales said he had also received several calls about this issue, and he asked that CPL provide a presentation to the Council to better explain the situation. City Manager Garcia said he would schedule that presentation. Mr. Phil Rosenstein said the Older Americans Act was passed by Congress in 1965, which provided funds for the Texas Department on Aging (TDA). He said Congress stated at that time that programs for older Americans were not welfare programs. Recently, he said, the Sunset Commission proposed to merge the TDA with the Texas Department of Human Services, but he said the TDA should remain a separate entity. Mr. Rosenstein added that he and others enjoy the services provided to senior citizens in Corpus Christi. Mr. Jimmie Till, 1265 Southem Minerals Rd., said the recent gas pipeline explosion occurred about one mile from his home. He commented on the quick response by emergency personnel and he thanked the refinery row personnel for their quick action as well. Minutes Regular Council Meeting September 8, 1998 Page 5 Mr. Leon Perez, 904 Buford, commented on the amount of trash around the city, particularly on property he owns on Monette Drive. Mr. J.E. O'Brien, 4130 Pompano, said on past occasions he has alluded to what he called the excessive use of the emergency provisions in the City Charter. He quoted from Section 551.045 of the Texas Government Code, and he said state law takes precedence over the City Charter. City Attorney Bray replied that that section of the Government Code addresses an entirely different subject --the Open Meetings Act --than the City Charter addresses. He said the Open Meetings Act contains, among other things, provisions for holding emergency meetings, while the City Charter's emergency provision addresses when an ordinance can be passed on one reading rather than two readings. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-7. Council members did not request that any items be withheld for discussion and there were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M98-309 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $221,980 with Jhabores Construction Company, Inc. for the Sanitary Sewer installations in developed areas: Christine/Etring Area Project. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 4.a. M98-310 Motion authorizing the City Manager or his designee to execute Attachment No. 5 to Contract No. 7460005741-99 with the Texas Department of Health, in the amount of $663,552 for the continued funding of group nutrition education, individual counseling, immunization services, and distribution of food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period October 1, 1998 through September 30, 1999. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting September 8, 1998 Page 6 4.b. ORDINANCE NO. 023429 Ordinance appropriating a grant from the Texas Department of Health in the amount of $663,552 in the No. 162 Federal/State Grants Fund - Health Department to fund nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 5.a. M98-311 Motion authorizing the City Manager or his designee to execute Attachment Numbers 03 and 04 to Contract No. 7460005741-99 with the Texas Department of Health in the amount of $117,975 for regional administrative services and $162,823 for tuberculosis prevention and control for the period September 1, 1998 to August 31, 1999. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 5.b. ORDINANCE NO. 023430 Ordinance appropriating two grants from the Texas Department of Health in the amount of $117,975 for regional administrative services and in the amount of $162,823 for tuberculosis prevention and control in the No. 162 Federal/State Grants Fund - Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 6.a. M98-312 Motion authorizing the City Manager or his designee to accept a grant in the amount of $141,643 and to execute a contract and all related documents with the Texas State Library for the continued operation of the Interlibrary Loan Center located at Corpus Christi Public Library for State Fiscal Year 1998-99. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting September 8, 1998 Page 7 6.b. ORDINANCE NO. 023431 Ordinance appropriating $141,643 from the Texas State Library in the No. 162 Federal/State Grants fund for the continued operation of the Interlibrary Loan Center at the Corpus Christi Public Library. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 7. ORDINANCE NO. 023432 Amending the Corpus Christi Code of Ordinances, Chapter 2, Administration, Division 6, Municipal Arts Commission, Section 2-100, Established; Function; Membership and 2-101, Terms of Members by: renaming the Municipal Arts Commission to the Arts and Cultural Commission; expanding the membership from 15 to 17; and restructuring the appointment criteria for new members. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************* Mayor Neal opened the public hearing for Item 8 regarding the assessment roll for the Southmoreland Addition Street Improvements - Phase II. He called for comments from the audience, and there were none. Council Member Garcia made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. In response to Mr. Colmenero, Mr. Angel Escobar, Acting Director of Engineering, said no objections have been received regarding the assessment roll. He said Phase I of the Southmoreland Addition street improvements are currently under construction and additional phases are scheduled to follow. He added that information about CDBG eligibility has also been provided to the residents in the pertinent areas. City Secretary Chapa polled the Council for their votes as follows: 8.b. ORDINANCE NO. 023433 Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas, Southmoreland Addition Minutes Regular Council Meeting September 8, 1998 Page 8 Street Improvements - Phase II: Naples Street - Blevins Street to Richards Street; Lewis Street - Blevins Street to Richards Street; Blevins Street - Ayers Street to Naples Street; and Richards Street - Ayers Street to Naples Street; imposing assessments totaling $134,044.11 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 8.c. M98-313 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $845,690 with COF Corporation of Corpus Christi, Texas for the Southmoreland Addition Street Improvements, Phase II. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. ************* Mayor Neal opened the public hearing on Item 9, CPL time -of -use tariffs. He then called for comments from the audience, and there were none. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. City Secretary Chapa polled the Council for their votes as follows: 9. FIRST READING ORDINANCE Approving, ratifying, confirming and accepting two time -of -use tariffs and related contracts filed by Central Power and Light Company for the furnishing of electricity and electric service within the City of Corpus Christi, Texas. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Minutes Regular Council Meeting September 8, 1998 Page 9 Mayor Neal opened discussion on Item 10, taxes to be levied. He called for comments from the audience. Mr. J.E. O'Brien said if the Council had reduced the budget a lower tax rate would have been possible. He said debt service is to be paid on 19 separate bond issues, 10 of which are certificates of obligation which were not approved by the voters. Mr. O'Brien added that the ordinance does not authorize homestead exemptions, which in past years has been part of the tax rate ordinance adopted. City Attorney Bray replied that the form of the ordinance was not changed from last year. City Manager Garcia referred to copies of the advertisement regarding this item; he noted that the left-hand section fulfills the state law requirement and the right-hand portion contains a more accurate representation of the facts. Council Member McNichols asked how the senior exemption is put into effect. Mr. Bray responded that under state law it can be initiated either by the voters or the City Council; he did not recall how it was initiated in Corpus Christi. Dr. McNichols wondered if, during difficult budget cycles, it would be appropriate to consider significantly lowering the exemption for seniors. He said when the tax base is growing that exemption can be increased. He questioned the amount of revenues that the city does not receive due to the senior exemption. City Manager Garcia said staff can provide that information. Council Member Martin said the tax information in the advertisement was a good explanation for the public. City Secretary Chapa polled the Council for their votes as follows: 10.a. ORDINANCE NO. 023434 Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas, for the tax year 1998 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 10.b. M98-314 Motion approving the 1998 Tax Levy of $45,070,727 based upon the adopted tax rate of $0.623726 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting September 8, 1998 Page 10 Mayor Neal opened discussion on Item 11, second land purchase option for the new landfill. He called for comments from the audience. Mr. Leon Perez responded to Council Member McNichols' comment during the previous discussion of the senior exemption. He said Dr. McNichols' suggestion was unfair to senior citizens. Mr. Phil Rosenstein also referred to Dr. McNichols' previous comments, saying that he thought the $50,000 senior citizen exemption was approved by the voters and changing it would require another public hearing and a referendum. Council Member Martin asked what the life expectancy is for the Elliott Landfill. Mr. Tom Utter, Assistant City Manager for Development Services, said it is approximately 5% to 6 years and staff is preparing a plan to transition to the new landfill. Responding to Council Member Colmenero, Mr. Utter said several items were reviewed during the analysis of possible landfill sites, including flood zones and airport flyways, and the site that was selected falls outside those areas. City Secretary Chapa polled the Council for their votes: 11.a. ORDINANCE NO. 023435 Ordinance adopting a portion of the FY 98-99 Capital Budget to exercise the second land purchase option for the new landfill; appropriating $272,880 of interest earnings from the No. 537 Public Health and Safety Capital Projects fund to fund the second purchase option. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 11.b. M98-315 Motion authorizing the City Manager or his designee to exercise the second land purchase option on the new landfill. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************* Mayor Neal opened discussion on Item 12, purchase of playground equipment. He called for comments from the audience. Minutes Regular Council Meeting September 8, 1998 Page 11 Mr. John Hartley said it is appropriate to provide recreational areas such as this, but he also commented that there are other parks, such as in the Calallen-Annaville area, which need improvements and which lack funding, including Wandering Creek Park. Mr. Dan Whitworth, Acting Director of Park and Recreation, said with regard to the drainage concerns raised by Mr. Hartley, Park staff is working with Stormwater Department staff on improving the drainage in that area. Council Member Betty Jean Longoria commented on the difficulty in funding park improvements. City Secretary Chapa polled the Council for their votes: 12. M98-316 Motion approving the purchase of park and playground equipment from the following companies based on low bid, low bid meeting specifications and only bid, in accordance with Bid Invitation No. BI -0203-98 for a total of $55,921.80. This equipment will be installed by Park and Recreation crews as part of the Bayfront Parks Improvement Project. Funding is from a Texas Park and Wildlife Department Grant and General Service Administration Fund Account sale proceeds. Polygon c/o BJ's Park & Recreation Magnolia. Texas Bid Items 1.1-1.3 Total: $33,932 S & R Products Laredo. Texas Bid Items 2 & 3 Total: $6,349.80 Grand Total: $55,921.80 Sitescape, Inc. Houston. Texas Bid Items 4.1 - 4.4, 5 Total: $15,640 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code, Section 551.071 regarding collective bargaining with Corpus Christi Police Officers Association and Corpus Christi Firefighters Association, with possible action thereon in open session. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia noted that a weather situation was developing in the Gulf of Mexico and he said staff would keep the Council informed. The City Minutes Regular Council Meeting September 8, 1998 Page 12 Manager also distributed information concerning the effort to retain the 512 area code in the Corpus Christi area, and he said plans were being finalized for the dedication ceremony of the Lake Texana pipeline, tentatively scheduled for September 29th. He said a workshop was scheduled for the Council meeting next week concerning changes related to special events costs. In his report, Mayor Neal referred to a memo from the Greater Corpus Christi Business Alliance about municipal franchise fees, and Mr. Utter agreed that that would be a major issue in the city's legislative package. The Mayor then called for Council concerns and reports. Council Member Gonzales announced that an economic summit would be held at 6 p.m. on September 9'h in the Council Chambers. Ms. Blakely Fernandez, of the Business Alliance, said several groups would be attending the economic summit representing government, health care, businesses, military, and others. Council Member McNichols requested a status report on a possible excessive exterior lighting ordinance. He also commented on information the Council had received regarding the city's reservoir operating plan, and he said that negotiating the current agreed order was very difficult. City Manager Garcia said that while the input of different agencies is important in decisions regarding the reservoirs, the city still needs to maintain control of them. Council Member Colmenero requested an update on road conditions throughout the city, particularly with regard to asphalt damage caused by the drought. He asked staff to review the condition of ditches along Naples Street around Del Mar, and he asked for a status report on the Del Mar street improvement project. Council Member Betty Jean Longoria said she had received a letter from a citizen requesting coarser mulch at the landfill. She also announced a meeting to be held September 9'h at the Northwest Senior Citizen Center regarding possible improvements to Margie Drive. She also referred to invitations to the Council members from the Westside Business Association for the Diez y Seis celebration and from the South Texas Institute for the Arts. Council Member Garcia thanked Mayor Neal for addressing the issue of maintaining rules of decorum during Council meetings. Mayor Neal commended the staff for their efforts in getting the Allison discharge permit approved by the EPA. He also invited everyone to the "State of the City" address September 9th at 11:30 a.m. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 4:50 p.m. on September 8, 1998. * * * * * * * * * * * * *