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HomeMy WebLinkAboutMinutes City Council - 05/19/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 19, 1987 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Pat Slavik Council Members David Berlanga, Sr. Frank Mendez Clif Moss Bill Pruet Mary Rhodes Linda Strong Absent Council Member Leo Guerrero City Secretary Armando Chapa Vetzat City Manager Craig McDowell City Attorney Hal George Assistant City Secretary Dorothy Zahn Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Pruet who also led the Pledge of Allegiance to the Flag of the United States. Assistant City Secretary Zahn called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Mayor Pro Tem Slavik that the Minutes of the Workshop, Regular and Special Council Meetings of May 12, 1987 be approved as presented; seconded by Council Member Moss; and passed unanimously. A motion was made by Council Member Mendez to ratify the appointments of Patty Nuss to the Sister City Committee with a term to 9/87 and Council Member Clif Moss as a member of the Homeport Steering Committee. The motion was seconded by Mayor Pro Tem Slavik and passed unanimously. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the improvement to the Gabe Lozano, Sr. Golf Center and Oso Golf Course project. MICROFILMED inutes degular Council Meeting May 19, 1987 Page 2 Mr. James K. Lontos, Assistant City Manager, opened the bids on the project from the following firms: Perry Construction Co., Inc. and Johnson Golf Course Co. Mr. Lontos verified that both companies submitting bids had also submitted the required security bond and acknowledged receipt of the addendum. Mayor Turner expressed appreciation to the bidders for submitting bids on the City projects. * * * * * * * * * * * * * Mayor Turner called for consideration of the Resolution confirming the appointment of the Chief of Police. Assistant City Secretary Zahn polled the Council for their votes; and the following Resolution was passed: K. RESOLUTION NO. 19744 CONFIRMING THE APPOINTMENT OF ROBERT K. OLSON AS POLICE CHIEF; AND DECLARING AN EMERGENCY. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. Mayor Turner introduced Robert K. Olson who stated that he is extremely delighted to have been appointed as the Chief of Police and is excited about his new career and position. A motion was made by Council Member Mendez to recess the Council Meeting at :12 p.m. to allow the media to interview Mr. Olson. The motion was seconded by Council Member Strong and passed unanimously. The meeting reconvened at 2:23 p.m. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 through 4a. 1. M87-0188 Approving a supply agreement for sludge dewatering polymers to Allied Colloids, Inc. based on the low bid of $167,400. The term of this supply agreement will be twelve months, with option to extend for an additional twelve months based on the same terms and conditions subject to the approval of the supplier and the City Manager or his designee. This item will be used by the Wastewater Division and funds were approved in the 1986-87 budget. inutes regular Council Meeting May 19, 1987 Page 3 2. M87-0189 Approving a supply agreement for charging paper for an estimated annual expenditure of $25,125 to the Brodart Company based on sole source. The term of this agreement will be twelve months with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. This item will be used by the Corpus Christi Public Libraries and funds were approved in the 1986-87 budget. 3. M87-0190 Accepting the South Cuth Park Improvements project; granting the contractor an 11 -day time extension; and authorizing final payment of $20,958.67 to Black Brothers Construction, Inc. 4. M87-0191 A condemnation settlement of $12,000 with Mr. James Everett Russell, et al for the acquisition of drainage easement Parcels 12 and 15 located between McCain Drive and Leopard Street for the Turkey Creek Drainage Improvements Project be approved. 4a. M87-0192 Setting two public hearings to consider annexation of a 133.43 acre tract of land out of Lots 18-21, 27-31, Section 21 and out of Lots 5-7, Section 22, Flour Bluff and Encinal Farm and Garden Tracts, which is the present location of Bill Witt Park located on Yorktown Boulevard, east of Cimmaron Boulevard, the first hearing to be conducted by a staff member on June 8, 1987 and the second hearing to be conducted by the City Council on June 9, 1987 during the Regular Council Meeting. There were no comments from the audience on 1 through 4a. A motion was made by Council Member Berlanga to approve Items 1 through 4a with Item No. 3 being withheld for discussion. The motion was seconded by Mayor Pro Tem Slavik and passed unanimously. In answer to a question on Item No. 3 by Mayor Pro Tem Slavik pertaining to the South Guth Park Improvements, Assistant City Manager Hennings stated that the entire acreage of South Guth Park is sixty acres. A motion was made by Council Member Strong to approve Item No. 3; seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Ordinances on Items 5 through 8. inutes .<egular Council Meeting May 19, 1987 Page 4 There were no comments from the audience on the Consent Ordinances. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinances were passed: 5. FIRST READING AMENDING CHAPTER 36, PARKS AND RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-2, GREEN FEES SCHEDULE FOR GOLF COURSE AND GOLF CENTER, TO AUTHORIZE THE CITY MANAGER TO SET THE RATES TO BE CHARGED FOR THE RENTAL OF GOLF CARTS AT THE CITY GOLF CENTERS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. 6. ORDINANCE NO. 19745 CLOSING AND ABANDONING A 0.7 FOOT WIDE BY 41.1 FOOT LONG PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 7, BLOCK 1, TYLER SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. 7. ORDINANCE NO. 19746 REPEALING ORDINANCE NO. 19684, DATED MARCH 31, 1987, AND ANNULLING THE CONTRACT AWARD TO HELDENFELS BROTHERS, INC. FOR CONSTRUCTION OF SANITARY SEWERS TO SERVE THE RIVERSIDE PARK SUBDIVISION; AUTHORIZING THE EXECUTION OF A CONTRACT WITH ISLES ENGINEERING AND CONSTRUCTION, INC. FOR THE CONSTRUCTION OF SANITARY SEWERS TO SERVE THE RIVERSIDE PARK SUBDIVISION; APPROPRIATING $261,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. 8. ORDINANCE NO. 19747 APPROPRIATING $1,250 FROM THE 205 WATER SYSTEM BOND FUND FOR APPRAISAL SERVICES BY THOMAS F. DORSEY IN CONNECTION WITH THE I.H. 37/U.S.77 INTERCHANGE IMPROVEMENTS PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. :nutes .regular Council Meeting May 19, 1987 Page 5 * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 9 pertaining to approving an agreement with the Foundation for Sciences and Arts for the construction of a Water Garden. Council Member Berlanga inquired about the status of the Water Garden project. Mr. Edwin Singer, Vice President of the Foundation, stated that the Foundation agreed to take on the responsibility for building the Water Garden; he stated they have worked with the City Staff to get a contract drawn which would assign the Foundation the architectural and design engineering work; they are in the process of executing a contract with the City under the terms of which the Foundation will undertake to build the Water Garden and will bill the ty for one-half the cost; upon its completion, the Water Garden will be turned r to the City; the Foundation hired Archie Walker Engineering, Inc. as their engineering consultants to assist them in studying the plans and specifications and make them available to any local contractors who wanted to bid on the job; and once the job has been given to a contractor, Mr. Walker's firm will head up a team of inspectors to see that the Water Garden is built to specifications and design. He further stated that the engineering firm has contacted eight local contractors and have supplied specifications and plans to those who requested them. Mayor Turner inquired about the status of the fundraising on the part of the Foundation, and Mr. Singer responded that they expect to have the funds available in accordance with the terms of the contract. Mr. Archie Walker, President of Archie Walker Engineering, Inc., stated that his firm has sent out eight requests for qualifications which included one out of town contractor; he stated that the out of town bid was included to ensure competitive bidding; out of the eight firms, seven have indicated that they are interested in the project; and they are concerned about trying to get the pricing within the budgeted funds and also concerned about the quality of construction. Mayor Turner asked Mr. Walker if he would have any objections to eliminating an outside bidder and considering only local bidders. Mr. Walker responded by stating that in order to get qualified bids, it would be in the best interest of the City and the client to have at least one out of town bidder. Council Member Mendez expressed concern about the wording of the language in the agreement and stated that he would not approve the agreement unless the language were changed. Mr. Walker stated that his firm has talked with the City Staff and has reviewed the existing Council policy as it relates to an outside contractor. inutes Regular Council Meeting May 19, 1987 Page 6 He stated that they have tried to follow the policy in their specifications on the project. Mr. Singer stated that it would be unwise to stipulate that only local contractors be allowed to bid on the project; they are hopeful that a local contractor will get the contract, but it would be a mistake to put the Foundation in a position where they could not go outside the City for bids; and he further stated that the Foundation has an obligation to their contributors to build a quality facility at the lowest possible cost. Council Member Mendez suggested that the following language be inserted on Page 2 of the agreement "Foundation agrees that only Corpus Christi based general contractors who are qualified to construct a project of this type and magnitude, be invited to negotiate for construction of the project, and Foundation further agrees to use local contractors and subcontractors in the construction. In the event that local qualified contractors are not available or if the bids of qualified local contractors exceed the budgeted funds, the Foundation will return the project to the City for the rebidding process." Council Member Pruet stated that the above language was what the Council indicated to the Staff that they wanted. City Manager McDowell stated that the Council did get a commitment from Mr. Peterson and Mr. Singer to do everything possible to award the bid to a local contractor, but that it was not an absolute requirement. He stated that they did have a clear understanding that the Council preferred the local contractors. Council Member Pruet stated that the Council did indicate their preference for local contractors for a satisfactory contract, but in the event that it could not be done within budget, then it would be sent back to the Council. Council Member Strong inquired if there was any portion of the project which would be beyond the scope of local contractors and also inquired if once a contractor is recommended, if the City would participate in the selection before the contract is signed. Mr. Singer stated that there are three or four local contractors well qualified to do the job, and in response to Mrs. Strong's second question, Mr. Singer answered in the affirmative. City Attorney Hal George briefly gave the Council a history of the policy of using local contractors. He stated that the requirement in specifying only local contractors might be a violation of the privileges and immunities clause of the U.S. Constitution if a City government makes that an absolute requirement. He stated that in order for the project to move forward, an entity was needed that would not be bound by the competitive bid statute. He stated nutes Regular Council Meeting May 19, 1987 Page 7 that the Council agreed to let the Foundation handle the bidding and the more restrictions that are placed on the Foundation, the more it becomes a City project. In answer to a question from Mayor Pro Tem Slavik about whose contract this is, City Manager McDowell stated that this is a contract between the City and the Foundation merely for the conveyance of the funds and expressing the Council's intent; he stated that the contact for the actual construction will be the Foundation's. Mr. McDowell stated that the language which Council Member Mendez proposed addresses the Council's concerns from the legal aspect. Council Member Pruet stated that the language proposed by Mr. Mendez tightens down the agreement in line with the policy that the Council feels very strongly about, that being the need to stimulate jobs in Corpus Christi. He stated that he is certain that members of the Foundation are going to benefit if people in Corpus Christi are put back to work. A motion was made by Council Member Mendez approving the agreement with the Foundation for Sciences and Arts, with the new aforementioned language proposed by Council Member Mendez being inserted, for the construction of a Water Garden in the Bayfront Arts and Science Park; approving the revised plans and specifications for the Water Garden; and approving the assignment of the Foundation of the contract with Wisznia and Peterson Associates for architectural services for the Water Garden project. The motion was seconded by Council Member Pruet and passed by the following vote: Turner, Slavik, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Moss voting "No"; Guerrero absent. (487-0193) * * * * * * * * * * * * Council Member Mendez stated that he and Council Member Rhodes had a meeting with representatives of the Park and Recreation Department and Mr. Lazaro Camarillo in reference to the memorial in memory of the veterans from Nueces County who gave their lives in the Vietnam War; he stated that a concern was expressed that there are no guidelines in the Park & Recreation Department concerning an issue of this nature; no policy could be established until the Council has decided on what is going to be done with the Bayfront median; the Council would be making their recommendation at the end of July; the rock memorial will be placed in Sherrill Park on Memorial Day with the understanding that it would be temporary; and if in the future a decision is made pertaining to Sherrill Park, that the rock would be moved at that time. Mr. Lazaro Camarillo, President of the United Vietnam Veterans of Corpus Christi, expressed his appreciation to the City Council for their support. He stated that the monument cannot be moved to Sherrill Park until about $3,000 is paid to Corpus Christi Memorials who designed and cut the memorial. * * * * * * * * * * * * * nutes .egular Council Meeting May 19, 1987 Page 8 Mayor Pro Tem Slavik addressed the City Manager about information she received from engineers stating that there is an excessive sodium count in the City's drinking water during the past few months. She asked that this matter be looked into and a report be given to the Council. Council Member Pruet stated that he was going to present a Resolution to the Council for consideration in support of House Bill 2008, but has learned there have been some late breaking developments in Austin. City Manager McDowell read a letter from Senator Carlos Truan to Members of the Senate, which was dictated over the phone by Mr. Briones from Austin, stating Senator Truants opposition to House Bill No. 2008 and requesting assistance in defeating the Bill. Council Member Strong stated that she was in Austin in April; she spoke with Senator Truan and knew he was not in support of House Bill 2008; she expressed concern that we have representatives in Austin who were not aware of this. Council Member Pruet expressed concern regarding this Bill and suggested that someone from the City go to Austin to represent the people in Corpus Christi in support of this Bill. Mayor Turner expressed her concern because it is a critical Bill, and City Manager McDowell suggested talking to the sponsor of the Bill. Council Member Rhodes commented that the Lt. Governor is not in support of the Bill. City Manager McDowell expressed his appreciation to the Council for their support of his recommendation of Mr. Robert Olson as Chief of Police. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience. Mr. Ben F. McDonald, an attorney representing Humana Health Plan, stated that he has carefully listened to the tape recording of the Council Meeting held on May 12, 1987; He stated it was apparent from the remarks of members of the Council that it would be highly desirable if the City employees could be offered a choice between the Humana Health Plan and the Coastal Bend Health Plan with the employee to choose that program which met the individual needs of the employee; he urged the Council, in the interest of equity and especially in fairness to the patient, to approve both the Humana Health Plan and the Coastal Bend Health Plan and allow the employees to make a free and voluntary choice of the Plan which is best tailored to the needs and desires of each patient. He presented brochures to the Council on participating physicians and a petition from Corpus Christi doctors. In answer to a question from the Mayor pertaining to why both plans could not be presented to the employees, Assistant City Manager Garza stated .nutes .,egular Council Meeting May 19, 1987 Page 9 that indications proved it would be too cos negotiated with both firms and awarded the co Staff would check out the information presentee Council Member Berlanga stated that last and passed a motion authorizing the execution and that decision should remain. After further discussion, a motion was requesting Mr. Garza's Staff to study the info and report back to the Council whether both pla seconded by Council Member Moss and the fol Slavik, Moss, and Pruet voting, "Aye"; Berl: voting, "No"; Guerrero absent. The motion fail ly to offer three plans; Staff tract to Coastal Bend; but that by Mr. McDonald. week the Council made a decision of a contract with Coastal Bend made by Council Member Pruet mation presented by Mr. McDonald is could be used. The motion was owing vote was taken: Turner, nga, Mendez, Rhodes and Strong d to pass. Mr. Frank Bell, Vice President of Advances Signing in San Antonio, stated that last week his company's bid was not received by the deadline and was refused. He urged that the Council consider the bid for the Airport signage project. Mayor Turner stated that she appreciated Mr. Bell bringing it to the Council's attention but there are rules in the bid specifications which must be followed; she encouraged him to submit bids in the future on other projects. There being no further business to come before the Council, a motion was made by Council Member Mendez, seconded by Council Member Strong, and passed unanimously that the meeting be adjourned at 3:46 p.m. I 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 May 19, 1987, which were approved by the City Council on May 26, 1987. WITNESSETH MY HAND AND SEAL, this the Be ty Turner, MAYOR get. day of Armando C City of C 1931 . Car- apa, City Secretary rpus Christi, Texas