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HomeMy WebLinkAboutMinutes City Council - 04/09/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 9, 1991 2 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero Tom Hunt Ed Martin Joe McComb Clif Moss Frank Schwing * City Manager Juan Garza Interim City Attorney James 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 Randy Walterman of Faith Temple Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Rhodes. 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 called for approval of the Minutes of the Regular Council Meeting of April 2, 1991, and there being no corrections or additions, she proclaimed them approved as presented. Mayor Turner called for consideration of the ordinance canvassing the returns and declaring the results of the General Election conducted on April 6, 1991. The Council canvassed the returns in Precinct 98 for the Mayor's position. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 1. ORDINANCE NO. 021131 MICROFILMED Minutes Regular Council Meeting April 9, 1991 Page 2 CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON APRIL 6, 1991, IN THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF ELECTING THE MAYOR AND COUNCIL MEMBERS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Schwing absent. • x e s s s• s e s.. s Relative to Item 2, City Secretary Chapa informed the Council that the Runoff Election will be held on April 20, 1991, and the swearing in and seating of the new Council Members will occur at the April 23, 1991 Council Meeting. Mayor Turner called for consideration of the ordinance calling a Runoff Election for April 20, 1991. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 3. ORDINANCE NO. 021132 CALLING A RUNOFF ELECTION FOR THREE (3) COUNCIL MEMBERS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO BE HELD ON THE 20TH DAY OF APRIL, 1991; DESIGNATING POLLING PLACE LOCATIONS FOR SUCH ELECTION; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting "Aye"; Schwing absent. Representatives of the Downtown Rotary Club reported on the landscaping improvements for the Bluff and invited the Council to attend the rededication ceremony of the Bluff Balustrade and Pompeo Coppini Sculpture on Sunday, April 14, 1991, at 3:30 p.m. Minutes Regular Council Meeting April 9, 1991 Page 3 Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Jesse Hix, 2622 Segrest, commented in regard to the recent election and congratulated the Council. Mr. Johnny Montalbo also remarked about the election and expressed appreciation to various members of the Council for their efforts in providing the necessary City services. Mr. Ron Hudson, 3556 Austin, referred to the inaccuracy of the clocks in the City Hall building. He stated that he has not yet received an official reply from the Council to the question of the legality of the City engaging in the promotion, aid, and endorsement of religion as it relates to the crosses in Cole Park. He related that the City Manager has requested the Legal Department to prepare an opinion on that question, stating that he would like a copy of that report. City Manager Garza responded that the Interim City Attorney has been given the assignment of looking into that matter and when the report is available, Mr. Hudson will be provided a copy. * Council Member Schwing arrived at the meeting. Mr. Tony DeAmico, 145 Chiltipin, Portland, spoke on the water concession bid issue and requested an extension of the bid deadline until May 1, 1991. City Manager Garza advised that he has informed Mr. DeAmico that staff will meet with him. He emphasized that it is in the City's best interest to bid out the slips. Deputy City Manager Garza stated that he will meet with the water concessionaires on Thursday and will provide a report to the Council. He indicated that the bid deadline could be extended until April 24th. Discussion ensued and Council Member Hunt asked to be provided the incident report on the alleged fistfights on the bayfront. He stated that he would support a May 1, 1991 extension, and Council Member Galindo concurred. Mr. John Schultz, 114 Hawthorne, Portland, and Mr. Scott Kate, 729 Sam, water concessionaires on the bayfront, expressed opposition to another bid postponement, stating that they are eager to submit their bids. Mr. Chris Urquhart, 442 Troy, provided background information on this issue and commented in regard to inaccuracies contained in a letter which the Council received from Malcolm Matthews concerning the water concessions. Minutes Regular Council Meeting April 9, 1991 Page 4 Mr. Quenton Cook, Chairman of the Water Shore Advisory Committee, 617 Catalina, stated that the committee has worked out a solution to the problem and if the City continues to postpone the bidding process, it will put a hardship on individuals prepared to bid. Council Member Martin pointed out that this matter is not an agenda item. He summarized events leading up to this issue and expressed the opinion that it is not a Council issue. He indicated that the Council should respect the recommendations of the Water Shore Advisory Committee and stated that the award of the bid will be presented to the Council. City Manager Garza stated that Bill Hennings and Malcolm Matthews will meet today in the back room with the water concessionaires to try to resolve this issue. Mr. Philip Rosenstein, 949 Bobalo, referred to the crosses in Cole Park and commented about freedom of religion by the people. He offered to pay for erecting the crosses next year. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 5 thru 20, stating that Item 20 has been withdrawn. There were no comments from the Council or the audience on Items 5 thru 19. City Secretary Chapa polled the Council for their votes and the following were passed: 5. M91-066 Motion approving the purchase of five CD-ROM cataloging systems in accordance with Bid Invitation No. BI -0158-91 from The Library Corporation, Inwood, West Virginia, for the amount of $39,400 based on sole source. Funds for the cataloging systems for the South Texas Library System are made available through State Grant. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 6. M91-067 Motion approving the purchase of three book theft detection systems in accordance with Bid Invitation No. BI -0027-91 from 3M Safety and Security, St. Paul, Minnesota, based on only bid for a total of $27,845. These systems will be installed at the Minutes Regular Council Meeting April 9, 1991 Page 5 Greenwood, Parkdale and Northwest Libraries and are listed in the FY 90-91 Capital Outlay as additional equipment. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 7. M91-068 Motion approving a supply agreement for swimming pool chemicals in accordance with Bid Invitation No. BI -0090-91 with DPC Industries Inc., San Antonio, Texas, based on only bid for an estimated annual expenditure of $48,400. 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 chemicals will be used by the Aquatics Division of the Park and Recreation Department for the treatment of City swimming pools. Funds have been budgeted for FY 90-91 by the Aquatics Division. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 8. M91-069 Motion approving the purchase of sixteen traffic signal poles with mast arms in accordance with Bid Invitation No. BI -0118-91 from Jem Engineering, Tulsa, Oklahoma, based on low bid for the amount of $18,860. These items are included in the 1990-91 Capital Outlay as additional items. The mast arms will be used by Traffic Engineering for the City's 1990-91 Traffic Signal Capital Improvement Program. Funds are available from the 1986 Street Bond Fund. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9. M91-070 Motion approving the purchase of four hand-held meter reading devices in accordance with Bid Invitation No. BI -0189-91 from ITRON, Spokane, Washington, based on sole source. The total amount of purchase is $13,151. The units are budgeted in the 1990-91 Capital Outlay as additional units for the meter readers. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 10. M91-071 Minutes Regular Council Meeting April 9, 1991 Page 6 Motion approving the purchase of a 1991 Chevrolet Suburban in accordance with Bid Invitation No. BI -0149-91 from Benson Chevrolet, Corpus Christi, Texas, for the amount of $18,630 based on only bid. The equipment was budgeted by Aviation Department as a replacement unit. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 11. M91-072 Motion approving the purchase of miscellaneous furniture in accordance with Bid Invitation No. BI -0067-91 from the following companies for the following amounts based on low bid, best bid, and low bid meeting specifications for a total of $25,745.63. This furniture will be used by the Water Department for the new facility at 5352 Ayers. Funds have been budgeted for FY 90-91 by the Water Department. Texas Office Supply Co. Braswell Office Systems Corpus Christi, Texas Corpus Christi, Texas $12,760.93 $7,521 Finger Office Furniture Houston, Texas $5,463.70 Grand Total: $25,745.63 The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 12. M91-073 Motion approving the purchase of one tow tractor in accordance with Bid Invitation No. BI -0160-91 from Northwestern Motor Co., Eau Claire, Wisconsin, for the amount of $21,671, based on low bid meeting specifications. The equipment was budgeted by Wastewater Services as a replacement. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 13. M91-074 Motion authorizing the acquisition of four excavating and grading machines in accordance with Bid Invitation No. BI -0103-91 from Wehring-Goss Equipment Corporation, Corpus Christi, Texas. Two units will be purchased outright and two Minutes Regular Council Meeting April 9, 1991 Page 7 units will be leased on a five-year term, with lease financing provided by Alliance Credit Corporation. Total award to Wehring-Goss Equipment Corporation is $521,066 based on low bid. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 14. M91-075 Motion authorizing the City Manager to execute a five-year lease agreement by and through Alliance Credit Corporation and authorizing the Purchasing Agent to execute such Security Instruments, UCC Statements and other such instruments as required by such lease agreement. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 15. M91-076 Motion awarding the following contracts for furnishings for the Greenwood Library: a. Texas Office Supply, in the amount of $18,104.20, for children's furniture and refinishing of existing metal shelves; and b. Yochem's, in the amount of $17,937, for library casework. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 16. M91-077 Motion awarding a contract in the amount of $14,999 to Construction Project Management to remove the existing and construct a new euthanasia building at the Animal Control Facility. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 17. M91-078 Motion authorizing the City Manager to execute an agreement with Drs. Ganz and Chodosh Associated, located at 3033 Up River Road, for services as Medical Review Officer (MRO) for the City's drug testing program. The cost for this service will be approximately $13,650 annually. This cost will be paid by the utilizing departments. Minutes Regular Council Meeting April 9, 1991 Page 8 The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 18. SECOND READING WHEREBY THE CITY OF CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO EXTEND THE TERM OF ORDINANCE NO. 20882 PASSED ON THE 6TH DAY OF MARCH, 1990. The foregoing ordinance passed on second reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 19. ORDINANCE NO. 021133 AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LEASE AGREEMENT WITH HEADINGTON OIL COMPANY FOR A SURFACE LEASE FOR A DIRECTIONAL DRILL SITE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 20. WITHDRAWN Y_ e * * * * * * * * * * * * * Mayor Turner called for consideration of Item 21, telephone franchise negotiations. City Manager Garza pointed out that the City is in the process of negotiating a new franchise agreement with Southwestern Bell. He stated that in order to better enable cities to negotiate with SWB, a Telephone Franchise Steering Committee was recently formed and he reviewed the goals of the committee. City Secretary Chapa polled the Council for their votes and the following resolution was passed: 21. RESOLUTION NO. 021134 Minutes Regular Council Meeting April 9, 1991 Page 9 APPROVING PARTICIPATION IN THE TELEPHONE FRANCHISE STEERING COMMITTEE; AND DECLARING AN EFFECTIVE DATE. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item 22, Federal Aviation Administration lease for the air traffic control tower at the Corpus Christi International Airport. Responding to questions from Council Member Moss, City Manager Garza explained that this lease combines and replaces three previous leases for FAA facilities at the airport. He stated that the lease includes fees for space rental, electricity charges and custodial services, and the net result will be more revenue to the City. He indicated that a fourth lease which will expire next year will be coordinated with this lease at comparable rates. City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading. 22. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENT DTFA07-91-L01004 BETWEEN THE FEDERAL AVIATION ADMINISTRATION AND CITY OF CORPUS CHRISTI FOR THE AIR TRAFFIC CON 1'ROL TOWER AT CORPUS CHRISTI INTERNATIONAL AIRPORT, AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * * * Mayor Turner called for consideration of Item 23, Corpus Christi Area Council for the Deaf. City Manager Garza advised that the Council for the Deaf is not requesting City funds but is seeking a ten-year lease extension. Ms. Susan Tiller, Director of the Area Council for the Deaf, provided background information and discussed the expansion plans for the building. Council Member McComb declared that he supports this item but will abstain from the vote because he is an honorary board member of the Area Council for the Deaf. Minutes Regular Council Meeting April 9, 1991 Page 10 City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading: 23. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF, INC. FOR THE USE OF A PORTION OF MT. VERNON PARK, TO INCLUDE EXPANSION OF THE LEASED AREA; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; McComb abstaining. _* Mayor Turner called for the discussion and possible action with respect to legislation which is pending or may be proposed at the 72nd Texas Legislature. City Manager Garza provided background information and commented on House Bill 2536 which relates to allowing cities to give a preference to a Local bidder under certain circumstances. Following a brief discussion of the bill, City Secretary Chapa polled the Council for their votes and the following resolution passed: 24a. RESOLUTION NO. 021135 SUPPORTING PASSAGE OF HOUSE BILL 2536 TO ALLOW CITIES TO GIVE A PREFERENCE TO A LOCAL BIDDER UNDER CERTAIN CIRCUMSTANCES. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." + r x• x e+ x s s x x e City Manager Garza advised that Interim City Attorney Bray will discuss legislation supporting City regulation of the consumption of alcoholic beverages on public property. Interim City Attorney Bray referred to Senate Bill 466 and House Bill 1284, stating that they would enhance City authority to regulate alcoholic beverages. He noted that both Minutes Regular Council Meeting April 9, 1991 Page 11 bills have drawbacks and staff recommends support with the reservation that some changes should be made. Mr. Bray reviewed Senate Bill 466 and stated that the bill could be improved in two areas, noting that presently, alcoholic beverages are completely prohibited in City parks within certain hours. He advised that an amendment authorizing the present practice would be desirable. He indicated that the proposed law would be easier to enforce if it permitted a flat prohibition on possession of an open container without having to prove intent to consume. Mr. Bray discussed House Bill 1284, stating that two areas of concern are one, that the signage requirement is onerous and should be eliminated or modified; and secondly, that it be made consistent with the City's present park ordinance so that within park type areas, the City could absolutely prohibit alcoholic beverages. Mr. Bray responded to specific questions raised by the Council and reiterated that staff recommends support of the proposed resolution with the changes he has mentioned. A discussion ensued dealing with the two bills and Council Member Martin expressed the opinion that Senate Bill 466 is acceptable as it is written and should not be modified. Mr. Martin recommended against supporting House Bill 1284. He moved to support Senate Bill 466; seconded by Council Member Moss and passed unanimously. The Council opted not to support House Bill 1284. City Secretary Chapa polled the Council for their votes and the following resolution passed: 24b. RESOLUTION NO. 021136 SUPPORTING PASSAGE OF SENATE BILL 466 PERMITTING CITY REGULATION OF POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." For the record, City Manager Garza interpreted the passing of this item as amending the resolution which was given to the Council. He stated that the resolution would have modified the bill, noting that the way the Council passed it, they are just in support of the bill without modification. i Y i t i Y t i t i Y Y Y Minutes Regular Council Meeting April 9, 1991 Page 12 City Manager Garza recognized Victor Medina, Public Utilities Director, and presented him with a plague which is granted by the Texas Municipal Utilities Association for impressive performance of the municipal utility system and exemplary service to customers. Mr. Garza invited the Council to a ribbon -cutting ceremony for the new police building next Tuesday at 12 noon. Mayor Turner called for Council liaison reports. Council Member Martin requested a water update and suggested that a water report be provided on a monthly basis. Deputy City Manager Garza and Public Utilities Director Medina provided a status report of the water level at Lake Corpus Christi and Choke Canyon. Council Member Galindo inquired if the street signs in the City could be made larger to better identify street names. He referred to the signs for the Aquarium and asked if they could be improved. Council Member Moss inquired about the schedule for the realignment of Lawrence Street, and City Manager Garza responded that the project is within schedule and he will provide the Council with an update. Mr. Moss referred to the new signal light at Coopers Alley, noting that the one which was installed at Peoples Street was of a different type. He stated that he thought all the lights were going to be the same. City Manager Garza stated that staff researched this matter. He advised that there was some debate about setting that as a Council policy, but the Council did not take action. He related that the cost of providing that kind of equipment versus the standard would be about a $100,000 difference. Mr. Garza discussed the status of the mast arm of the street lights and stated that it would be advisable to install a shorter mast arm in the event of a hurricane. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 3:15 p.m. on Tuesday, April 9, 1991. i•*• Y t# i k• Y# f 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 April 9, 1991, which were approved by the City Council on April 16, 1991. WITNESSETH MY HAND AND SEAL, this the 30th day of May, 1991. tea, /, C GC�� Armando Chapa City Secretary