HomeMy WebLinkAboutMinutes City Council - 01/15/1991PRESENT
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Council Members:
Cezar Galindo
Tom Hunt
Ed Martin
Joe McComb
Clif Moss
Frank Schwing *
Absent
Leo Guerrero
r v aezer
CITY OF CORPUS CHRISI'i, TEXAS
REGULAR COUNCIL MEETING
JANUARY 15, 1991
2 p.m.
City Manager Juan rarza
Interim City Attorney Jimmy Bray
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the Council Chambers of City
Hall.
The invocation was delivered by Pastor Paul W. Armes, Ph.D., First Baptist
Church, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member McComb.
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 Turner recognized Dr. Glen Kost, a representative of the Sister City
Cannnitt'e, who introduced the following Russian visitors: Victor V. Sokolov,
M.s.; and Dr. PH., Prof. Alexey L. Sodovsky. Mayor Turner presented the
visitors with honorary citizenship awards.
Mayor Turner announced the formation of a Mayor's Committee for
Beautification and Environmental Enhancement. She recognized representatives of
Exxon Corporation, Ernst and Young, and NCNB, the first businesses to contribute
and participate in the City's beautification and environmental program.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
MICROFILMED
Minutes
Regular Council Meeting
January 18, 1991
Page 2
City Manager Garza gave a presentation justifying a recommendation to
negotiate amendments to the current contract with the present rate study
consultants for additional services to include an operations audit of the City's
canbined public utilities.
A question and answer period ensued and Mr. Garza responded to specific
questions raised by the Council. He explained the purpose of the operations
audit which will identify areas of opportunities in which the City can implement
cost savings measures. Mr. Garza commented on the Herrn Report and explained
the differences between it and the operations audit. He noted that an update
regarding the implementation of the Mercer Report is scheduled for February 5.
Mr. Garza related that the study will cost between $100,000 and $130,000
and he will present the contract for approval in about a month.
Same Council Members questioned the need for the study. Council Member
McComb expressed concern that an operations analysis was not included in the
original rate study, and Mayor Pro Tem Rhodes expressed concern about the cost
of the study. She stated that she has not seen any good come out of other
studies.
Council Member Martin stated that when the Mercer Study was approved, the
Council excluded the utility funds. He stated that the rate study was to
produce models to be used to develop new rate structures.
Council Member Hunt expressed support of the study and stated that the
utility rates are an important function, and hopefully, this will result in
savings to the rate payer.
Council Member Galindo expressed concern that in-house staff could not
perform a study of this nature, and City Manager Garza stated that staff is
qualified but the outside firms have experience from studying utility systems in
other cities and can devote the necessary time. Mr. Garza stated that this
study will result in lowering the cost of service for public utilities.
Mr. Jesse Hix, 2622 Segrest, remarked about the funds for the study.
Council Member Hunt made a motion to approve the following:
1. M91-010
Motion authorizing the City Manager to negotiate amendments to the current
contract with CH2M Hill, Urban Engineering and Collier, Johnson & Woods for
additional services in connection with an operations audit of the City's
Public Utilities.
The motion was seconded by Council Member Martin and passed by the
following vote: Turner, Galindo, Hunt, Martin, McComb and Moss voting,
"Aye"; Rhodes voting, "No"; Guerrero and Schwing absent.
Minutes
Regular Council Meeting
January 18, 1991
Page 3
* * * * * * * * * * * * *
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of January 8, 1991 and there being no corrections or additions, she
proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinances from previous meetings on Items 1 thru 9, and Council
Members requested that Items 2 and 6 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:
3. M91-012
Motion approving a supply agreement for gate valves in accordance with Bid
Invitation No. BI -0028-91 with The Rohan Co., San Antonio, Texas based on
total low bid for an estimated annual expenditure of $78,135.59. 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 Water
Department. Funds have been budgeted for Fiscal Year 90-91.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Hunt, Martin, McComb and Moss voting, "Aye"; Guerrero and Schwing
absent.
4. M91-013
Motion awarding a contract in the amount of $121,792 to Max Grigsby
Company, Inc., to furnish and install photography/crime laboratory
equipment at the new Police Facility.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Hunt, Martin, McComb and Moss voting, "Aye"; Guerrero and Schwing
absent.
5. M91-014
Motion awarding a contract in the amount of $20,983 to Banking Associates,
Inc., to provide evidence security lockers at the new Police Facility.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Hunt, Martin, McComb and Moss voting, "Aye"; Guerrero and Schwing
absent.
Minutes
Regular Council Meeting
January 18, 1991
Page 4
7. M91-016
Motion authorizing the renewal of a two-year lease agreement with John B.
Russo and Thomas W. Stewart for a tract of land located at Resaca and Sam
Rankin Streets to be used by the City Street Division for material storage
and approving the rental fee of $270 per month.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Hunt, Martin, McComb and Moss voting, "Aye"; Guerrero and Schwing
absent.
8. M91-017
Motion approving Anendnent No. 1 to the Engineering Servicers Contract with
Parkhill, Smith & Cooper, Inc., in association with Jones & NeUsR, Inc., in
the amount of $69,460 for design and construction phase services for
rehabilitating Taxiway A and other connecting taxiways associated with
Runway 17-35.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Hunt, Martin, McComb and Moss voting, "Aye"; Guerrero and Schwing
absent.
9. ORDINANCE NO. 021068
AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE CORPUS
CHRISTI ART FOUNDATION CONCERNING THE ART MUSEUM OF SOUTH TEXAS BUILDING.
The foregoing ordinance passed on third reading by the following vote:
Turner, Rhodes, Galindo, Hunt, Martin, McComb and Moss voting, "Aye";
Guerrero and Schwing absent.
* * * * * * * * * * * * *
Responding to a question from Council Member Martin on Item 2, approving
the purchase of a diesel -powered tractor, City Manager Garza stated that this
item is not to replace a similar piece of equipment but is an addition to the
fleet of tractors.
In response to a question from Council Member Martin on Item 6, Gardendale
area street improvements, phase III - parcel 14, City Manager Garza summarized
issues regarding the aaiuisition of parcel 14.
Carl Crull, Engineering Services Director, stated that the City has agreed
to a cost to relocate the house; it will be the owner's responsibility to do the
relocation; and it is required as a part of the contract. He stated that the
house itself will not interfere with the construction of the street.
Minutes
Regular Council Meeting
January 18, 1991
Page 5
Because of concerns expressed by Council Members Martin and McComb, City
Manager Garza stated that he will add a stipulation to the contract that the
owner needs to move the house by a certain date.
City Secretary Chapa polled the Council for their votes and the following
motions were approved:
2. M91-011
Motion approving the purchase of a 40 h.p. diesel powered tractor with 3
point hitch in accordance with Bid Invitation No. BI -0050-91 from Nuxps
Power Dguipment, Corpus Christi, Texas based on the low bid of $13,327.92.
This unit will be used by the Park & Recreation Department for lige at the
Oso Municipal Golf Course and is listed as an additional item in the
approved Fiscal Year 90-91 Capital Outlay.
The foregoing motion gassed by the following vote: Turner, Rhodes, Galindo,
Hunt, Martin, McComb and Moss voting, "Aye"; Guerrero and Schwing absent.
6. M91-015
Motion authorizing acquisition of Parcel 14 locat°d on Williams Drive
between Betty Jean Drive and So. Staples Street for $14,500 in connection
with the Gardendale Area Street Improvements Project, Phase III.
The foregoing motion passed by the following vote: Turner, Rhodes, Galindo,
Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero and Schwing
absent.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza announced that the City installed a 4 -way stop sign at
the intersection of Roseanne and Iorine on January 9th.
Mr. Garza informed the Council that due to the fact that the City has been
unable to rent Cargo Dock 1, the rental fee has been reduced to $400 with the
City to receive 75% of the rental and the Port to receive 25%. He also stated
that the insurance requirements were also reduced to conform with the City's
insurance requirements.
Mr. Garza updated the Council on the recommendations by the 4UCC committee,
stating that the issue will be on next week's agenda.
Mayor Turner summarized events in regard to a meeting in Austin with
Governor Richards.
Mayor Turner called for liaison and other reports from the Council.
Minutes
Regular Council Meeting
January 18, 1991
Page 6
Council Member Martin referred to a letter from Alderman Michael Davis in
Three Rivers in regard to the water supply to the Federal Corrections
Institution and recommended that staff review the letter and respond.
Regarding the 413CC report, Mr. Martin expressed the opinion that no
discussion of funding CCSU's utility needs should take place until after
Saturday's City charter amendment election. He stated that if the cap is
passed, it will limit the projects the City can afford to undertake and the
Council should wait to see what the long-term capabilities are in the utility
funds.
Mr. Martin proposed that the Council consider the possibility of holding an
evening Council Meeting at least once a month. Discussion followed and Council
Member McComb moved to authorize the City Manager to present a recommended date
for holding an evening Council Meeting. The motion was seconded by Council
Member Moss and passed by the following vote: Turner, Rhodes, Hunt, Martin,
McComb, Moss and voting, "Aye"; Galindo voting, "No"; Guerrero and Schwing
absent.
Council Member Galindo spoke about a memorandum which the Council received
in regard to the Electrical Advisory Board. He recommended that the issue of
increasing the board by two members to represent citizens at -large be placed on
next week's agenda.
After a brief discussion, the Council was
next week's agenda. Mayor Turner requester)
Advisory Board and the staff liaison to the board
not opposed to placing this on
feedback from the Electrical
Council Member Martin pointed out that the
Advisory Board is not to advise the Council on
license and suspend electricians.
sole function of the Electrical
electrical matters but to test,
Council Member Rhodes requested that a copy of the
included in Friday's mail packet.
Council Member Hunt remarked about the condition of
Streets in Flour Bluff, stating that they need attention.
board's duties be
Claride and Scott
Mr. Hunt spoke about obtaining legal advice in regard to the petition on
repealing the utility ordinance and asked about legal ramifications that would
prevent the Council from placing any issue on a referendum.
City Manager Garza responded that the Council establishes procedures by
action that they take. He stated that there is specific power and authority
that is reserved for the Council and they should perform their duties within the
scope of that authority.
Interim City Attorney Bray stated that the right to hold a referendum
election within a city under the home rule amendment to the constitution is
found within the City charter and the basic rule with respect to holding any
Minutes
Regular Council Meeting
January 18, 1991
Page 7
election and whether there is legal authority to conduct it or not, stating that
the law is that if there is not some specific legal authority for holding the
election, then it would be unauthorized.
Mr. Hunt expressed concern about preventing the public from expressing
their rights in regard to repealing the utility rate ordinance.
Responding to a question from Mayor Pro Tem Rhodes on the subject of CCSU's
utility needs in regard to the outcome of the election, City Manager Garza
replied that some percentage of the cost is going to be utility capital
improvements. He stated that the City's contribution is a commitment to that
area to take rare of the roadway infrastructure, the water and other utilities
to properly serve that area as it develops.
Deputy City Manager Garza stated that the City is in the process of
evaluating the utility improvements arra servings which will be needed to serve
the campus at CCSU.
Mrs. Rhodes inquired if the City is going to be able to do the
improvements at CCSU if the six -percent cap passes in the election, and Mr.
Garza responded that he does not know. A lengthy discussion followed on the
funds necessary for improvements to CCSU that will be required with the expected
growth in future years.
Mayor Pro Tem Rhodes proposed to place on next week's agenda the issue of
establishing a Citizens Utilities Commission. She implied that the
establishment of such a cannnittee would weed out unnecessary rate increases and
would give the staff a vehicle to educate the public on what is really needed.
The motion was seconded by Council Member Martin.
A broad conversation ensued and Mayor Turner expressed concern about
establishing a conmrittPe to recoimnend rates, stating that it is the Council's
job and responsibility to retain its rate -making authority and to assume the
con-cqrences for doing so.
The motion passed unanimously; Guerrero and Schwing absent.
Mayor Turner suggested placing on next week's agenda the establishment of a
Citizen's Budget Advisory Committee to work with staff and review the upcoming
budget and make recommendations to the Council.
Following a brief discussion the Council expressed no interest in pursuing
the Mayor's suggestion.
Council Member Rhodes commented in regard to a bid opening on park
improvements. She raised questions and expressed concern that small businecces
were unable to bid on the contract.
Minutes
Regular Council Meeting
January 18, 1991
Page 8
City Manager Garza responded that in bidding the contract together, the
City administers fewer contracts and provides a minority business participation
requirement in the contracts so that the contractor can sub -contract.
Responding to a question from Mrs. Rhodes, City Manager Garza announced
that the legislative program will be presented to the Council next week.
City Manager Garza reported on the status of the issue of recycling
centers, and Mrs. Rhodes stated that she supported the idea of manning the
centers with profe s1onals involved in recylcing who might be able to provide
volunteers. Mr. Garza asked her for names of people who would be interested in
volunteering.
Responding to a question frau Mrs. Rhodes, City Manager Garza gave a
summary on the Javelina situation and stated that a prepared report is
forthcoming to the Council.
Mrs. Rhodes suggested placing on next week's agenda a discussion in regard
to the possibility of repealing the utility ordinance. Considerable discussion
was devoted to this subject.
Council Member Martin maintained that if the referendum petition is valid,
it is valid for the original ordinance and for a new ordinance He referred to
the outside legal opinion which the City is seeking and commented about the
options that the City will have once that opinion is received.
Mayor Pro Tem Rhodes nerved to place on next week's agenda for discussion
and decision the issue of whether or not to repeal the original utility rate
ordinance. The motion died for lack of a second.
* Council Member Schwing arrived at 3:56 p.m.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Jesse Hix, 2622 Segrest, inquired about the status of the water
resources manager, and City Manager Garza stated that a recommendation is
forthcoming. Mr. Hix spoke on the issue of a Westside cleanup.
Mr. Ron Hudson, 3556 Austin, canmented on the following subjects:
proficiency of the City Secretary's office, Parkdale library, natural death,
invocation in regard to political speeches, and functions of government.
Mr. Arthur Montalto spoke on the following subjects: rate increases,
housing incraaas, wage increases, crime increases and the crisis in the Middle
East.
Mr. Dallas Franklin, 4066 S. Port, reported on sewer line construction in
front of his place of business and the closure of the street. He questioned why
Minutes
Regular Council Meeting
January 18, 1991
Page 9
the repairs have to take place at this time; he stated that he was not notified;
and he requested a sixty-day delay.
City Manager Garza provided background information and stated that notims
are normally sent out. He stated that Mr. Franklin did not get notice of the
improvements but some of the other businesses did. He stated that he has
requested staff to put in contracts a formal step that contractors will work
with the businesses that are going to be affected by the improvements so that
the problems of ingress and egress can be worked out.
Carl Crull, Engineering Services Director, reviewed the status of the
project. Following a conversation, Mayor Turner suggested that Mr. Crull moot
with the contractor to find out how long the work will take and what Mr.
Franklin can expect; to inform Mr. Franklin; and report back to the Council.
Mr. Leon Perez, 904 Buford, spoke on TV cable rates.
Mr. Cyril Johnson, 5421 Eden Lane, commented in regard to the Javelina
situation and requested help.
City Manager Garza stated that he will meet with representatives of coastal
and Javelina refineries to try and work out a solution.
A discussion followed and Council Member Martin suggested that a small
committee of the Council meet with representatives of the refineries.
Mr. Ken Hobbs, 314 Belmont, reported on the status of a fundraising drive
for aluminum cans for burn victims.
Mt. Raymond Hacker, 1813 Wallace, spoke about the utility rates and
commented in regard to the amount of rate studies.
Mr. J. E. O'Brien, 4130 Pompano, stated that the Council placed charter
amendments on the ballot without any public input or comment. He remarked about
the City Bond attorney's opinion regarding rate setting authority and read a
supreme court decision in regard to legislative powers. Mr. O'Brien presented
a legal memorandum to the Council.
There being no further business to come before the Council, Mayor Turner
adjourned the Council Meeting at 4:45 p.m. on January 15, 1991.
* * * * * * * * * * * * *
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 January 15, 1991, which
were approved by the City Council on January 22, 1991.
WITNESSETH MY HAND AND SEAL, this the 8th day of March, 1991.
al284 Site'
Armando Chapa
City Secretary