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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." Minutes 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 Minutes 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. Minutes 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 Minutes 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. Minutes 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. Minutes 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 Minutes 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