HomeMy WebLinkAboutMinutes City Council - 07/03/1990PRESENT
Mayor Betty Turner
Mayor Pro Tem Joe McComb
Council Members:
Leo Guerrero
Cezar Galindo
Tom Hunt
Edward Martin
Clif Moss
Mary Rhodes
Frank Schwing
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JULY 3, 1990
2 p.m.
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order
City Hall.
The invocation was delivered by Council Member
the Pledge of Allegiance to the Flag of the United
Member Tom Hunt.
in the Council Chamber of
Clif Moss following which
States was led by Council
Mayor Turner acknowledged individuals who participate in various summer
recreational programs which are offered by the City. She read a Proclamation
designating the month of July, 1990 as "National Recreation and Parks Month"
which she presented to Malcolm Matthews, Director of Park and Recreation.
Ms. Sandra Langberg, Chairman of the Sister City Committee, introduced
exchange students from Toledo, Spain and representatives of the Sister City
Committee.
Mayor Turner introduced various participants of the Texas Jazz Festival
Society and read a Proclamation proclaiming July, 1990 as "Texas Jazz Festival
Society Month."
Mr. Tony Bonilla, Chairman of the Quincentenary Commission, updated the
Council on the progress of the Commission. He outlined their proposed budget
for fiscal year 1990-1991 and made an annual request for budgetary assistance of
$5,000. He indicated that the Commission also requests a staff assistant for
staffing of its office at the Multicultural Center.
Mayor Turner referred to the Board and Committee appointments and the
following appointments were made by the Council: (M90-157)
MICROFILMED
Minutes
Regular Council Meeting
July 3, 1990
Page 2
Coastal Bend Health Facilities Development Corp.
Jack SoBka - Reappointed
Jack Coojor -
Nancy Bowen -
Charles Thompson - "
Judy Telge
Annie Jean Castro
Melody Cooper
Senior Companion Program Advisory Committee
Monica Lisa Alaniz
Diane Bell
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions,
ordinanrPs and ordinances from previous meetings on Items 1 thru 10, and Council
Members requested that Items 1, 4, 6, 7 and 10 be withheld for discussion.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
2. M90-159
Motion approving a supply agreement for Drug Abuse Resistance Education
(D.A.R.E.) materials, with Adams AA Xpress Ltd., of Portland, Texas based
on low bid and host bid for an estimated annual expenditure of $28,040.
The term of the agreement shall be for twelve months with an option to
extend for up to an additional twelve months subject to the approval of the
supplier and the City Manager or his designee. These items will be used by
the Police Department. Funds have been budgeted in FY 89-90 and requested
for FY 90-91.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
3. M90-160
Motion approving a supply agreement for polyethylene pipe and fittings with
Esco Supply, Corpus Christi, Texas, based on low bid and low bid meeting
specifications for the total estimated annual expenditure of $30,365.30 in
accordance with Bid Invitation No. BI -0249-90. The term of the agreement
will be twelve months with option to extend for up to an additional twelve
months subject to the approval of the supplier and the City Manager or his
designee. The pipe and fittings are used by the Gas Division and have been
budgeted in FY 89-90 and requested for FY 90-91.
The foregoing motion passed by the following vote: Turners_ McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
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Regular Council Meeting
July 3, 1990
Page 3
5. M90-161
Motion approving the award for a sludge cake pump to J. R. Sheldon Cb.,
Carrollton, Texas for the amount of $21,383 based on low bid in accordance
with Bid Invitation No. BI -0342-90. The pump is to be used by Wastewater
Services in the Broadway Treatment Plant. This item is budgetRd in the
1989-90 Capital Outlay.
The foregoing motion passed by the following vote. Turner, McCcanb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
8. M90-164
Motion awarding contracts totalling $66,519.50 for the removal of
twenty-three underground fuel storage tanks from nine City facilities to:
a. Lance Industrial Constructors, fifteen tanks at
seven locations for a total contract of $43,902,
b. Genesis Environmental Services, six tanks at one
location for a total contract of $15,460, and
c. Station Equipment and Maintenance Company, two
tanks at one location for a total contract of
$7,157.50.
The foregoing motion passed by the following vote: Turner, McComb, Galindo,
Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
9. M90-165
Motion to approve the annual submission of the Comprehensive Homeless
Assistance Plan (CHAP) to the Department of Housing and Urban Development
(HUD).
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
In response to questions from Council Member Schwing on Item 1, approving
supply agreements for tires and tubes, City Manager Garza explained the
conditions of the bid document. He stated that an award will be made to each of
the bidders meeting specifications, and tires would be released as needed from
the low bidder providing they can deliver the items according to the quoted
delivery date. In the event delivery cannot be made when the City requests the
items, Mr. Garza indicated that the release will be placed with the next low
bidders.
Relative to Item 4, approving a supply agreement for paper, City Manager
Garza responded to specific questions raised by the Council. Because of various
concerns expressed by Council Members in regard to the legality of not accepting
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Regular Council Meeting
July 3, 1990
Page 4
the low bid, and a suggestion that the City consider the use of recycled paper,
city Manager Garza stated that he would like to withdraw this item so that he
can research this matter and bring back a recommendation consistent with the
law.
Following further discussion and deliberation, Council Member Schwing moved
to table Item 4 so that additional information can be provided to the Council.
The motion to table passed unanimously.
Council Member Moss indicated that he would like to know the total gross
amount spent on copies made by the City.
In response to questions from Council Members on Item 6, approval of award
for a tractor -loader -backhoe, City Manager atrza responded that the City is
purchasing one item but has bought others in the past; there is a discount when
items are purchased in volume; and this item has a warranty and not a
maintenance contract. Mr. Garza elaborated in regard to dipper dig force.
City Manager Garza, in answer to questions posed by Council Member Martin
on Item 7, repairs/renovations to the T -heads and Irhead project, stated that
there is $142,000 available in the project's contingency fund and the repairs
and renovations will deplete about fifty percent of the fund.
There were no conmients from the audience on Items 1, 4, 6 and 7.
City Secretary Chapa polled the Council for their votes and the following
were pasted:
1. M90-158
Motion approving supply agreements for tires and tubes with the following
companies in accordance with Bid Invitation No. BI -0233-90 based on
multiple progressive awards for the total estimated annual expenditure of
$193,451.30. The terms of the agreements will be twelve months with option
to extend for up to an additional twelve months subject to the approval of
the supplier and the City Manager or his designee. The supply agreements
will be administered by Maintenance Services and costs will be changed to
the appropriate vehicles. Funds have been budgeted in FY 89-90 and
requested for FY 90-91.
General Tire
Corpus Christi, TX
$137,926.03
Wilke Tire
Corpus Christi, TX
$17,398.91
Grand Total: $193,451.30
Creager Tire
Corpus Christi, TX
$32,289.56
A.B.C. Treadco
Corpus Christi, TX
$5,836.80
Minutes
Regular Council Meeting
July 3, 1990
Page 5
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
4. Tabled
Motion -approving -a -supply -agreement -fer -paper -in-aeeerdanee -with -Biel
lnvitatien-Ne--Bi-6319-99-with-Menareh-Paper-Be:-ef-Sen-Amenia- TX -en -the
basis -e€ total low krid for an -estimated annual -expenditure -a€-$81 65:62-
The -term -of -the -agreement -shall -be-far -twelve -menths with -an-option -to
extend-fer-up-te-an-additional-twelve-manths-subjeet-te-the-appreval-e€-the
supplier-and-the-eity-Manager-er-his-designee--These-items-will-he-uscxl by
various-elepartments-throughout -the -city- —Funds -have -been-buelgeted -in -the
F11-89-96-and-requested-fer-FY-96-91-
6. M90-162
Motion approving the award for a tractor -loader -backhoe to Nueces Fotd
Tractor, Corpus Christi, Texas for the amount of $34,161, based on low bid
meeting specifications in accordance with Bid Invitation No. BI -0263-90.
The item is budgeted in the 1989-90 Capital Outlay.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
7. M90-163
Motion approving Change Order No. 2 in the amount of $67,232.10 to the
contract with W. T. Young Construction Company for Repairs and Renovations
to the T -Heads and L -Head to upgrade the electrical system to the north
side slips on the Lawrence Street T -Head stem and supply conduit under the
new sections of sidewalk for future upgrading to Piers A, B, C, and D.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
On Item 10, resolution expressing the commitment of the Council not to usP
the one-half cent sales tax for the reopening of Packery Channel, Mr. J. E.
O'Brien, 4130 Pompano, expressed the opinion that the resolution is an exercise
in futility. He quoted from various sections of Senate Bill 971.
Mr. Michael Pimental, 3207 Azores, spoke in favor of voting for the
one-half cent sales tax on its own merits without reference to Packery Channel.
He expressed support of the wisdom of the Council in selecting the projects for
the use of the sales tax revenue.
Mr. Harold Hoppenrath, 338 Clifford, read from a prepared statement which
he presented to the Council pertaining to Packery Channel.
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Regular Council Meeting
July 3, 1990
Page 6
Council Member Rhodes declared that she agrees with the resolution but will
abstain from voting for it. She stated that she does not want the one-half cent
sales tax to be used for the reopening of Packery Channel. She expressed
concern that plans for the referendum were made in private meetings which
excluded some Council Members.
In answer to a question posed by Council Member Schwing, City Attorney
George responded that a resolution is an expression of the intent of the Council
and is something that can be changed.
Mr. Schwing conveyed the opinion that he is for economic development but
critized the lack of information which the Council was provided on this issue.
He indicated that he does not see how the public can vote intelligently on this
issue because they have not been provided answers to questions from Council
Members.
Council Member Hunt concurred with Council Member Schwing and conimenthd
about the Economic Development Corporation's budget. He stated that conmiittee
meetings of this organization were held and the Council was not privy to what
transpired until shortly before the request was presented to the Council. He
announced that he will not support the resolution because it is meaningless.
Council Member Martin explained the intent of the resolution. He stated
that because of a request from the Economic Development Corporation, the Council
voted to put the one-half cent sales tax issue on the ballot for the citizens to
consider
Council Member Guerrero concurred with Council Member Martin and stated
that he made the motion to create the resolution in order to accommodate the
concerns of both parties. He stated that the issue should not be one of Packery
Channel but should be the attitude of the community with reference to economic
development.
Council Member Moss concurred with Council Members Martin and Guerrero and
stated that the resolution is an opinion of the Council; it can change; but it
is his opinion henceforth.
Council Member Rhodes related that she resents the unequal distribution of
material to the Council. She expressed concern about the cost of the election,
stating that there is no reason to have an election in August for $70,000
because the City will not acquire the Continental maintenance facility. She
made a motion to put on next week's agenda consideration of cancelling the
election. The motion was seconded by Council Member Schwing and failed to pass
by the following vote: Galindo, Schwing and Rhodes voting, "Aye"; Turner,
McComb, Guerrero, Hunt, Martin and Moss voting, "No."
Council Member Hunt informed the Council that he met with representatives
of WestinghouGe Finance Corporation and they alluded that they wanted a
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Regular Council Meeting
July 3, 1990
Page 7
referendum to be held this summer on Packery Channel. He alleged that the
issue was presented to the Council under the guise of economic development and
attracting the Continental Airlines facility.
City Secretary Chapa polled the Council for their votes and the following
resolution was passed:
10. RESOLLUTION NO. 20941
EXPRESSING THE COMMITMENT OF THE CITY COUNCIL NOT TO USE THE ONE-HALF CENT
SALES TAX FOR REOPENING PACEERRY CHANNEL.
The foregoing resolution passed by the following vote: Turner, McComb,
Galindo, Guerrero, Martin, Moss and Schwing voting, "Aye"; Hunt voting,
"No"; Rhodes abstaining.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item 11.
Victor Medina, Director of Public Utilities, provided background
information in regard to an agreement for joint sponsorship of a Nueces County
Regional Management Plan Study. He remarked that the Texas Water Development
Board has funds available for regional planning projects, and the South Texas
Water Authority has taken the lead in applying for a fifty percent matching
grant for a regional stormwater study. Mr. Medina explained that the City can
reduce its cost for preparing its permit applications from an estimated $500,000
if it acts by itself, to approximately $200,000 by participating in the regional
study.
Mr. Medina elaborated on the two phases of the study and stated that it
will address all cities throughout the United States with a population of
100,000 or greater. He informed the Council that the Federal Environmental
Protection Agency plans to release new regulations in August which will force
local governments to clean up the runoff pouring from storm sewers into rivers,
lakes and bays. Mr. Medina implied that the City should comply with the
regulations which will be mandated.
Mayor Pro Tem McComb displayed concern about the financial impact the new
regulations would have on cities. He contended that the costs will be
astronomical and the cities cannot afford to implement the regulations.
Council Member Martin commented that the rules and regulations on treatment
of the water have yet to be determined and the study will disclose what problems
there are and what has to be done.
A series of specific questions were raised by various Council Members and
Mr. Medina responded to the queries.
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Regular Council Meeting
July 3, 1990
Page 8
Mr. Medina stated that the City will participate in the selection prrpss
of the consultant to perform the study, and staff will update the Council on the
overall program.
It was the consensus of the Council that the City Manager should obtain a
provision in the contract which would require that the contract be reviewed by
the Council.
After a broad discussion of this topic, Mayor Turner requested that the
Council be provided a copy of the agreement.
Deputy City Manager Jesus Garza commented in regard to the regulations
which are being proposed by the Environmental Protection Agency.
Mr. Charles McCaleb, 123 Oleander, remarked about an article published in
the Caller -Times and expressed the opinion that the cost to clean up the runoff
pouring from storm sewers into rivers, lakes and bays would be monstrous. Be
suggested concentrating on the source of the pollution.
Mr. J. E. O'Brien, 4130 Pompano, made comments relative to a letter to the
City Attorney in regard to pollution control and the creation of a stormwater
utility department.
Mr. Jesse Hix, 2622 Segrest, spoke in regard to the proposed federal
Environmental Protection Agency regulations.
City Sen-etary Chapa polled the Council for their votes and the following
motion was pasccd:
11. M90-166
Motion authorizing the City Manager or his designee to enter into a
three -party agreement with Nueces County and the South Texas Water
Authority for a Nueces County Regional Stormwater Management Plan Study,
and approving the City's participation in the amount of $200,000.
The foregoing motion paaccd by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
In regard to Item 12, Greenwood Library Expansion, City Manager Garza spoke
about his recommendation to award a contract of $391,500 to Progressive
Structures, Inc. whereby upon execution of the contract, a deductive change
order will be executed to incorporate the deletions and substitutions into the
contract, indicating that the changes are estimated at approximately $72,000.
He stated that he cannot negotiate the change with the contractor until after
the contract has been awarded because that is State law.
Mr. Garza responded to questions raised by the Council.
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Regular Council Meeting
July 3, 1990
Page 9
Discussion ensued and various Council Members expressed concerns that the
project was not designed within the budget and about awarding the contract in
excess of the amount budgeted. Apprehensions were also expressed about the
legality of awarding the contract and later issuing a deductive change order.
In response to a question, Carl Crull, Director of Engineering Service,
stated that in smaller air conditioning units, electricity would be more
economical and efficient than gas.
City Secretary Ctiapa polled the Council for their votes and the following
resolution was passed:
12. RESOLUTION NO. 20942
AUTHORIZING THE EXECUTION OF A CONTRACT WITH PROGRESSIVE STRUCTURES, INC.
FOR EXPANSION OF THE GREENWOOD LIBRARY; AND APPROPRIATING $20,261.
The foregoing resolution passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Rhodes and Schwing voting, "Aye"; Martin and Moss
voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
Deputy City Manager Jesus Garza updated the Council in regard to a series
of negotiations held with the Texas Water Commission relative to the City's
water releases into Nueces Bay. He stated that the next meeting will be held on
July 18 to discuss a long-term plan. Mr. Garza advised that he will keep the
Council informed of the negotiations.
Following a brief discussion, Council Member Martin suggested that the City
hire a water rights lawyer because this matter should be litigated. He stated
that this is a regional issue and the City should involve other south Texas
cities which are affected.
City Manager Garza suggested that the Council appoint a committee of the
Council to work with staff on this issue.
Mayor Turner called for reports from the Council.
Mayor Turner reported on the water conference which was held last Saturday
at the Convention Center.
Mayor Turner referred to activities planned for the 4th of July and
encouraged the Council to participate in the activities.
Council Member Galindo noted that because the public is not educated enough
in City operations, he suggested that following the Council Meetings, perhaps
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Regular Council Meeting
July 3, 1990
Page 10
the staff could conduct a ten-minute presentation explaining the functions of
City departments.
In regard to the one-half cent sales tax, Mr. Galindo expressed the opinion
that Corpus Christi is in need of economic development. He stated that he voted
to cancel the election on the one-half cent sales tax because he was not
provided enough information on the issue.
Council Member Moss inquired about a list of projects if funds were found
for capital improvement projects, and City Manager Garza stated that he provided
the Council with a report on that issue and he would like some time to discuss
this matter with them.
In response to a question from Mr. Moss in regard to the ambulance service,
City Manager Garza responded that he will address that issue next Tuesday
evening during the budget discussion.
Mr. Moss inquired what the City is doing to accelerate the recycling
program, and City Manager Garza reviewed the status of the program.
Mr. Moss suggested cutting down the isin of water in the parks during high
noon and watering lawns at another time, and City Manager Garza stated that
Council was provided a report on the scheduling of sprinkling in various City
parks.
Mr. Moss noted that the City's nursery contains palm trees that would be an
adequate size to replace the palms which were lost in the freeze.
City Manager Garza inquired if the palm trees at City Hall should be
replaced with oak trees, and it was the consensus of the Council to replace them
with oak trees
In response to a question from Mr. Moss in regard to the RTA franchise fee,
City Manager Garza discussed the RTA's payments to the City.
Council Member Schwing requested Traffic Engineering to check the traffic
lights at the intersection of Highway 624 and the Highway 77 access road
sometime late in the evening.
Mr. Schwing remarked that previously he had requested staff to check with
the State on building shoulders on Highway 624, and City Manager Garza responded
that staff did check and the response from the State will be forwarded to the
Council.
Mr. Schwing requested a copy of the maintenance agreement in regard to Bid
No. 0304-90. He stated that he would like to know the amount spent on
maintenance for the last piece of equipment which the City purchased that was
not covered by the maintenance contract.
Minutes
Regular Council Meeting
July 3, 1990
Page 11
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Jeff Timmons, 3616 Alameda, speaking on behalf of three Corpus Christi
peace and justice organizations, presented a petition calling for the
establishment of a nuclear free zone in Corpus Christi. He read from a prepared
statement in regard to concerns about homeporting and peace dividends.
Mr. Jesse Hix, 2622 Segrest, requested that oak trees be planted in
Sherrill Park for shading purposes. He expressed concern about the tremendous
expense to replace the palm trees which were lost during the freeze.
Mr. Dub Wilson, 606 Miramar, representing the CnaStal Bend Restaurant
Association, expressed concern about changes being proposed to the Wastewater
Ordinance.
City Manager Garza advised that the Mechanical Advisory Board has suthdtted
a recommendation in regard to the ordinance; he is reviewing the recommendation;
and he will forward it to the Council.
Mr. J. E. O'Brien, 4130 Pompano, commented in regard to the purchase of a
tractor in which the maintenance contract for the item was almost the same
amount as the price of the item. Mr. O'Brien then remarked about certain
comments made by Council Member Guerrero at last week's budget meeting in regard
to distorted figures.
Mr. Raymond Hacker, 1813 Wallace, expressed support of Council Member
Galindo's suggestion in regard to information being provided to the public. He
indicated that he has not received the information which he requested at last
week's meeting in regard to the opinion about the transfer of funds out of the
utility department to purchase the Long Shoreman's Building.
City Manager Garza affirmed that there was no written opinion on that
transaction and he again provided an explanation of the transfer.
Council Member Rhodes requested that Mr. Hacker be provided a copy of a
memorandum which the Council received in regard to the conditions of the Blucher
Park creek.
There being no further business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 5:20 p.m. on July 3, 1990.
* * * * * * * * * * * * *
1.
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 July 3, 1990 which were
approved by the City Council on July 10, 1990.
WITNESSETH MY HAND AND SEAL, this the `� — day of August, 1990.
/ (124 -
Armando Chapa
City Secretary
Mayor